Sona Besra @ Mandal vs The State Of Assam And Anr
2022 Latest Caselaw 1915 Gua

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GAHC010091022022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Crl.)/217/2022



            SONA BESRA @ MANDAL
            S/O LATE RABON BESRA, R/O VILLAGE GANESHPUR, NANGRIJULI
            UNDER TAMULPUR POLICE STATION, IN THE DIST. UDALGURI, BTAD,
            ASSAM



            VERSUS


            THE STATE OF ASSAM AND ANR
            REP. BY PP, ASSAM

            2:MONIKA MURMU
             D/O LATE RAJEN MURMU
             R/O VILLAGE- GANESHPUR UNDER MAJBAT POLICE STATION IN THE
            DISTRICT OF UDALGURI
             BTAD
            ASSAM



Advocate for the Petitioner   : MR D TALUKDAR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI
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                                           ORDER

01.06.2022 (Suman Shyam, J)

Heard Mr. D. Talukdar, learned counsel for the applicant. Also heard Ms.

B. Bhuyan, learned senior counsel (Addl.P.P., Assam) assisted by Mr. J. Das,

learned counsel appearing for the State.

Mr. M. K. Das, learned Amicus Curiae is also present.

The applicant herein is one of the appellants in Criminal Appeal(J)

No.63/2017 filed before this Court assailing the judgment dated 30.06.2017

passed by the learned Sessions Judge, Udalguri in connection with Sessions

Case No.116(U)/2014 convicting the appellants under Sections 376/302 of the

IPC and sentencing them to inter-alia undergo rigorous imprisonment for life.

During the pendency of the appeal the instant I.A. has been filed by one of the

appellants viz., Sri Sona Besra alias Mandal taking the plea of juvenility. From the

statements made in the I.A. it prima-facie appears that on the date of

occurrence i.e. on 13.10.2013 the applicant was aged 16 years 4 months 12

days and as such was a juvenile.

Mr. Talukdar submits that the school certificate of the applicant would

establish his claim of juvenility and therefore, the matter be referred to the

learned Sessions Judge, Udalguri for making an enquiry as per the provision of

Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Ms. B. Bhuyan, learned Addl. P.P., Assam submits that she would have no

objection if the prayer is allowed by this Court.

In view of the above, this matter is hereby referred to the learned District

& Sessions Judge, Udalguri so as to make an enquiry as to the veracity of the Page No.# 3/3

claim of juvenility made by the applicant and thereafter, submit a report before

this Court. The exercise be carried out as expeditiously as possible, preferably

within 60 days from the date of receipt of a copy of this order.

                                        JUDGE                                  JUDGE



Comparing Assistant