The Juvenile Justice (Care and Protection of Children) Act, 2000 applies to juveniles who are below the age of 18 years on the date of the offence, and no juvenile in conflict with law can be sentenced to imprisonment for any term.

ASHIM KUMAR ROY, J.

The present appellant Sk. Ismail and 11 others were placed on trial before the learned Additional District and Sessions Judge, 2nd Court, North 24-Parganas at Barasat to answer charge under Section 120B IPC, 302/120B IPC and under Section 302/34 IPC. During the trial one of the accused Bachhan turned approver while the accused Babu Lal Sharma expired. After conclusion of the trial the Trial Court found the appellant and five others guilty under Section 302/120B IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 2,000/- each, in default R.I. for two years. The Trial Court acquitted four others and released the accused Bachhan who turned approver and was tendered pardon.

2. The appellant Sk. Ismail challenged his conviction and sentence as aforesaid by preferring the instant appeal. Whereas the other convicts preferred separate appeals on their behalf.

3. In connection with the aforesaid appeal the appellant moved an application for suspension of sentence under Section 389 of the Code of Criminal Procedure read with Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000. When in support of such application, amongst other, it was urged that on the date of the commission of the alleged offence, i.e. on August 13, 2001 on the date of the alleged incident the appellant was below the age of 18 years and a juvenile in conflict with law. The said application being moved, this Court while rejecting the appellant’s prayer for suspension of sentence directed the Trial Court to hold an enquiry under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 for determination of the age of the appellant on the date of the alleged incident.

4. Pursuant to the order passed by this Court whereby the Trial Court was directed to hold an enquiry for determination of the age of the appellant on the date of the commission of the alleged offence, an enquiry in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 was held by the Trial Court and a report is submitted.

It appears from the said report that on the date of the alleged incident Sk. Ismail was a juvenile in conflict with law on August 13, 2001, i.e. on the date of the alleged occurrence as it was found his age was 14 years 4 months and 6 days.

5. Now, the only issue arises in this criminal appeal for decision as to whether the accused who was found 14 years 4 months and 6 days on the date of the alleged incident, on an enquiry held under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 by the Trial Court, his regular trial with the adult accused persons has been vitiated and his conviction and sentence is wholly illegal and without jurisdiction?

6. The Juvenile Justice (Care and Protection of Children) Act, 2000 came into force with effect from April 1, 2001. The Section 2(k) of the said Act define “juvenile” or “child” and Section 2 (l) define “juvenile in conflict with law”, which are quoted below;

S.2. Definitions.

(a) ………

(b) ………

(c) ………

(d) ………

(e) ………

(f) ………

(g) ………

(h) ………

(i) ……….

(k) “juvenile” or “child” means a person who has not completed eighteenth year of age;

(l) “juvenile in conflict with law” means a juvenile who is alleged to have committed an offence;

(m) ………

(n) ………

(o) ………

(p) ………

(q) ………

(r) ………

(s) ………

(t) ………

(u) ………

(v) ………

(w) ………

(x) ………

(y) ………

7. Therefore, according to the aforesaid provisions, a juvenile who is alleged to have committed an offence is a “juvenile in conflict with law” and a “juvenile” means who is a person who has not completed eighteenth years of age. After the decision of Constitution Bench of the Hon’ble Supreme Court in the case of Pratap Singh Vs. State of Jharkhand, reported in 2005 SCC (Cri) 742, there is no further controversy that the relevant date for applicability of the Juvenile Justice (Care and Protection of Children) Act, 2000 so far as the age of th