SANKAR PRASAD MITRA, C. J. :- A Division Bench consisting of Barooah and Majumdar, JJ. has referred this Rule to a Full Bench in accordance with the provisions of Chap. VII of the Appellate Side Ruled. The question for determination by Che Full Bench is as follows :-

"For the purpose of determining whether an accused is a child or not within the meaning of S. 28 of the West Bengal Children Act (Act XXX of 1959), is the age to be determined with reference to the date of commission of the offence or when the accused is charged with the offence and is brought to trial or some other date."

2. Sec. 28 of the West Bengal Children Act, 1959 runs thus :

"28. (1) Notwithstanding anything to the contrary contained in S. 239 of the Code of Criminal Procedure, 1898, or any other law for the time being in force, no child shall be charged with or tried for, any offence together with an adult.

(2) Where a child and an adult are accused of an offence for which under S. 239 of the Code of Criminal Procedure, 1898, or any other law for the time being in force, they would, but for the prohibition contained in sub-sec. (1), be charged and tried together, the court taking cognizance of the offence