In determining the age of an accused person, the Court should consider the radiological test report and give the benefit of the margin of error in favor of the accused.

( 1 ) IN this revisonal application under Section 401 read with 482 of the Cr. P. C. , the petitioner has sought to assail the enquiry report regarding alleged juvenility submitted by the learned Additional District and Sessions Judge, 9th Fast Track Court, Calcutta.

( 2 ) THE circumstances leading to the above application are that the petitioner was convicted under Section 302/34, I. P. C. and sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- by the learned judge, 12th Bench, City Sessions Court, Calcutta in Sessions Case No. 71/2001. At the time of hearing of the appeal preferred by the petitioner it was contended by the learned Counsel for the petitioner for the first time before this Court that the appellant/petitioner was a juvenile on the date of incident i. e. 26. 3. 2001. Accordingly, following the decisions of the Apex court rendered in Gopinath Ghosh v. State of West Bengal, AIR 1984 SC 237 and Bhola Bhagat v. State of Bihar, 1998 C Cr LR (SC) 82, the matter was referred on 28. 3. 2005 to the learned Judge, 12th Bench, City Sessions court, Calcutta to certify a finding as, to the age of the petitioner/appellant on the date of incident after giving opportunity to both sides to lead oral and documentary evidence.

( 3 ) THE learned Chief Judge, City Sessions Court, Calcutta transferred the matter to the learned Additional Sessions Judge, 9th Fast track Court, Calcutta who held an enquiry and submitted a report holding that the accused/petitioner was not under the age of 18 years on the date of incident.

( 4 ) THE petitioner moved in revision being C. R. R. 185 of 2007 against the said report before a learned Single Judge of this Court who passed an order for placing the matter before this Bench, as the report was submitted in pursuance of the order passed by this Bench, and as such the matter has been assigned before this Berrch.

( 5 ) SINCE Mr. Basu, learned senior Counsel for the petitioner challenged the said enquiry report on a preliminary ground contending that no Court other than that as specifically directed by the Division Bench of this Court could hold the enquiry and as such the report is bad in law, a report was called for by us from the learned Chief Judge, City Sessions court, Calcutta as to the reason for transferring the matter from the Court of learned Judge, City Sessions Court, 12th Bench to the Court of learned additional District and Sessions Judge, 9th Fast Track Court, Calcutta.

( 6 ) ACCORDING to the report submitted by the learned Chief Judge, city Sessions Court, Calcutta, due to bifurcation of the City Civil and Sessions court, Calcutta, City Sessions Court started to function at Bichar Bhavan on and from 8. 11. 2005, and pursuant to the direction passed by this Court all the sessions cases pending in different Courts of City Civil and Sessions court were withdrawn and transferred to different Fast Track Courts at Bichar bhavan, Calcutta for trial, and as such the concerned sessions case being no. 71/01 was withdrawn from the Court of learned Judge, City Civil and sessions Court, 12th Bench and was transferred to the learned Judge, 9th fast Track Court, Bichar Bhavan, Calcutta for disposal.

( 7 ) MR. Basu demonstrated that since the Court of learned Judge, 12th Bench, City Civil Court is still there, the enquiry ought to have been held by the said learned Judge, 12th Bench and not by any other Court on the face of direction passed by this Court.

( 8 ) THERE are two types of jurisdiction of criminal Court viz. (1)jurisdiction with respect to power of Court to try particular kind of offence, and (2) its territorial jurisdiction. When the former goes to the root of the matter and any transgression of it makes the entire trial void, the latter is not of a peremptory nature and is curable, as was held in the case of rajkumari v. Dev Raj reported in AIR 1977 SC 1101. "jurisdiction" means the power of a Court to hear and determine a cause to a