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Judgment
CRAN 1167 of 2019 and CRAN 1106 of 2019 are applications filed by the appellant / applicant on the plea that he was covered by the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.
On the basis of materials on record including the birth certificate of the appellant, it is pointed out that the appellant who stands convicted and sentenced to undergo imprisonment for offences punishable under the POCSO Act, 2012 was a juvenile at the time of commission of the offence and was, therefore, entitled to be dealt with only by following due procedure, particularly that contained in Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the "said J.J. Act").
It is pointed out that the accused was born on 05.10.2002 going by the birth certificate and the alleged occurrence was on 16.12.2017. Obviously, therefore, this is a case where there must be preliminary assessment regarding the alleged heinous offence/offences by the Juvenile Justice Board constituted under Section 4 of the said J.J.Act.
Hence, we direct that the appellant be shifted to such children's home or other institution as may be decided upon by the learned Additional Chief Judicial Magistrate, Sealdah. Thereupon proceedings will be carried out for preliminary assessment under Section 15 of the said J.J.Act and such report will be placed before this Court on or before 27.11.2019
It is clarified that the learned Additional Chief Judicial Magistrate, Sealdah will do the needful to give effect to this order of this High Court and will issue such further orders as may be necessary to obtain compliance of the directions contained herein.
Taking into consideration the directions issued hereinabove, no separate order granting bail as sought for in CRAN 1106 of 2019 is called for at present and the said application is closed without prejudice to the applicant filing such an application for bail/suspension of sentence, if found necessary, after the report of the Juvenile Justice Board is placed before this Court.
Let this matter appear on 27.11.2019