Susen Kumar Ray v. State of Chhattisgarh - 2013 Supreme(Online)(Chh) 331

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Online)(Chh) 331

CHHATTISGARH HIGH COURT
Shri Tyagi, J
Susen Kumar Ray v. State of Chhattisgarh

Table of Content
1. facts and initial claims regarding the juvenile status. (Para 1 , 2)
2. discussion on the maintainability of the petition. (Para 3 , 4 , 5 , 6)
3. legal provisions concerning juvenility claims. (Para 7 , 8 , 9)
4. court’s stance on the jurisdiction and authority between benches. (Para 10 , 11)
5. final ruling on the petition's maintainability. (Para 12 , 13)

1. Heard learned counsel for the parties. Learned counsel appearing for the petitioner submits that the petitioner does not seek quashing of the sentence of imprisonment passed by the learned Division Bench of this Court in Criminal appeal No. 2461 of 1997, however, in view of the provisions of S.7A of the Juvenile Justice (Care and Protection) Act, 2000 (for short "the Act, 2000") set aside the sentence imposed by the learned Division Bench upon the petitioner.

2. The facts, in brief, as protected by the petitioner are that four accused persons namely Sapan, Somen Rai, Suben and Sushen, i.e. the present petitioner, were tried in Sessions Trial No. 961/1992 before the Court of Additional Sessions Judge, Jagdalpur, for the offences punishable under S.302 and S.307/34 of the Indian Penal Code. The other co - accused