Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Sobhnath Bhogta @ Somnath Pradhan – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Mr. P.P.N. Roy, Sr. Advocate, Mr. Pandey Ashok N. Roy, Advocate, Ms. Pragati Prasad, Advocate
For the State: Mr. Pankaj Kumar, P.P., Ms. Vandana Bharti, A.P.P.

JUDGMENT

Gautam Kumar Choudhary, J.—

I.A. No.7803of 2023

1. I.A. No.7803 of 2023 in Cr. Appeal (D.B.) No.93 of 2022 has been filed on behalf of appellant-Sobhnath Bhogta @ Somnath Pradhan for being released on bail in view of the age determination of the appellant by Juvenile Justice Board recording a finding that the appellant was aged 17 years 10 months 23 days on the date of occurrence on 08.02.2017.

2. It is submitted by the learned counsel on behalf of the appellant that earlier vide order dated 02.01.2023, the co-ordinate Bench of this Court had referred the matter for age determination to the J.J. Board. In pursuant to the direction, age of the appellant has been assessed and he has been found to be child at the date of occurrence. In this view of matter, the judgment of conviction and sentence was vitiated and is liable to be set aside, because the appellant has been tried and convicted as an adult without following the provisions of J.J. Act, 2015.

3. Learned A.P.P. has opposed the bail petition. It is submitted that the appellant has been convicted for committing gang rape under Sections 376D, 341 and 342/34 of the IPC. The offence will come within the definition of “heinous