JUDGMENT AND ORDER

B.B. Deb, J.— On a reference under Section 395(1) of the Code of Criminal Procedure, received from the learned Additional Sessions Judge, North Tripura, Dharmanagar in connec-tion with Sessions Trial No. 48(NT/D) of 2001. This Criminal Reference Petition has been registered.

2. The facts leading to the regis-tration of this case could be summa-rised thus:

On the basis of a chargesheet involving five accused persons including accused Shri Gopesh Debnath, appears to be a juvenile, in the commission of offence Punishable under sections 376(1), 323 read with section 34 of I.P.C. the learned Magistrate took cognizance and committed the case to the learned Additional Sessions Judge. After thorough perusal of the materials available and after hearing the learned counsel for the parties, the learned Additional Sessions judge framed charge under section 376(1) of the I.P.C. against the juvenile accused Shri Gopesh Debnath and under section 323/34 I.P.C. against five accused persons including juvenile Gopesh Debnath. Whenever the provisions of “The Juvenile Justice (Care and Protection of Children) Act, 2000” (in short the Juvenile Justice Act”) was brought to the notice o