Jharkhand High Court
Raju Prasad @ Tinku vs The State Of Jharkhand on 15 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 839 of 2016
1. Raju Prasad @ Tinku
2. Amit Ganguli @ Amit Kumar Ganguly ..... .... Appellants
Versus
The State of Jharkhand ..... ... Respondent
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants : Mr. A.K. Chaturvedi, Advocate
For the State : Mr. B.N. Ojha, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsels for
the parties had no objection with it and submitted that the audio and video
qualities are good.
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I.A. No. 5464 of 2020
14/ 15.03.2021. The present interlocutory application has been filed on behalf of
appellant No.2 Amit Gagnguli @ Amit Kumar Ganguly, claiming that on the
date of occurrence, i.e., on 1.5.2009 he was a juvenile, his date of birth
being 9th July 1991. This plea was not taken during trial and is being taken for
the first time here.
2. By order dated 9.12.2020, we had directed the Juvenile Justice
Board, Saraikella Kharsawan, to enter into an enquiry as regards the claim of
juvenility of appellant No.2, in accordance with law. The Juvenile Justice
Board, after due enquiry has submitted the report dated 07.01.2021, holding
that on the date of occurrence, i.e., on 1.5.2009, this appellant was aged
about 17 years 9 months and 22 days, and thus, was a juvenile.
3. This appellant, along with other co-accused persons, has been
convicted for the offence under Section 396 of the Indian Penal Code, and
sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/-
for the said offence. The impugned Judgment shows that dead bodies of two
deceased persons were recovered on the basis of confessional statements of
this appellant and other co-accused persons.
4. Be that as it may. Since the appellant No.2 Amit Ganguli @
Amit Kumar Ganguly has been declared to be a juvenile, without entering
into the merits of the appeal, the order of sentence dated 30.7.2016, passed by
learned Addl. Sessions Judge, Saraikella Kharasawa, in Sessions Trial No. 83
of 2009, is hereby, set aside, as regards appellant No.2 Amit Ganguli @
Amit Kumar Ganguly, and he is sentenced to the maximum period of three
years in custody, as provided under the Juvenile Justice (Care & Protection)
Act.
5. The impugned Judgment shows that appellant No.2 is in custody
since the date of Judgment, i.e., 29.7.2016. He must have remained in custody
for sometime during trial also. The Trial Court below is directed to issue the
release order of appellant No.2, upon completion of the maximum period of
custody of three years, as provided under the Juvenile Justice (Care and
Protection) Act, and if his detention is not required in any other case.
6. This criminal appeal is accordingly, disposed of, as regards
appellant No. 2 Amit Ganguli @ Amit Kumar Ganguly, but shall continue as
against the remaining appellant. The office is directed to delete the name of
appellant No.2 from the array of appellants.
7. This interlocutory application stands allowed, with the directions
as above. Let the order be communicated to the Court concerned through
FAX.
( H. C. Mishra, J.)
(Rajesh Kumar, J.)
R.Kr.
