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Judgment
D.K. Sinha, J.—Present interlocutory application [I.A. (Cr.) No. 2383 of 2010] has been filed on behalf of the Appellant with the request that he may be declared juvenile in terms of Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the basis of inquiry already held by the trial court and after considering the judgment of conviction dated 14.9.2010 and order of sentence recorded on 16.9.2010 in S.T. No. 61 of 2008 by the learned Additional Sessions Judge, F.T.C.-I, Tenughat, the same may be set aside.
In the interlocutory application [I.A. (Cr.) No. 454 of 2011], the Appellant has further requested to bring about amendment in the main petition and to quote,
Alternatively it is, prayed that this Hon''ble Court may graciously be pleased to declare the Appellant a Juvenile in terms of 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the basis of enquiry already held further be pleased to allow this appeal and to set aside the impugned judgment of conviction dated 14/9/2010 and sentence dated 16/9/2010 passed in S.T. No. 61/2008 by the learned Additional Sessions Judge, FTC-1, Tenughat.
Mr. M.K. Dey, the learned Sr. Counsel, submitted that certain errors are left out in the prayer portion in both the interlocutory applications, but the intention of the Appellant is to say that the judgment of conviction and order of sentence recorded by the Additional Sessions Judge may be set aside in terms of inquiry already conducted by the trial court u/s 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the case may be remitted back before the competent court for appropriate order.
Mr. A.K. Prasad, the learned A.P.P., puts no objection on the request for amendment in the main petition and interlocutory applications filed on behalf of the Appellant.
Having regard to the facts and circumstances, learned Sr. Counsel for the Appellant is permitted to carry out the required amendment to the extent of his oral submissions, as referred to hereinbefore.
Both the interlocutory applications are allowed and disposed of in the manner indicated above.
Put up this Cr. Appeal on 11th of April, 2011.