Crl.A. 384/2002 BEFORE THE HON BLE MR. JUSTICE HRISHIKESH ROY This appeal is presented against the judgment dated 9.10.2002 in Sessions Case N o.102/2001 rendered by the learned Sessions Judge, Barpeta, whereby the appellan t was convicted U/S 366A of the IPC and was sentenced to undergo RI for 7 years and fine of Rs.3000/-, in default RI for further 6 months. 2. While the appeal was being heard, on 26.4.2002, the appellant raised the plea of juvenility of the appellant on the date of the incident, i.e., 3.10.199 7 and accordingly an enquiry was ordered by this Court to determine the age of t he appellant U/S 2(l) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as ’J.J. Act’). The learned Trial Judge was r equested to record a finding on the age of the appellant on the date of the crim e. 3. Today, when the matter was taken up, the enquiry report dated 11.7.2011 given by the learned Sessions Judge, Barpeta has been placed before me where it is recorded that the appellant Md. Hayat Ali on the date of the offence, i.e. 3. 10.1997 was a juvenile in conflict with law (JCL). 4. In view of the said finding of the learned Trial Court, Mr. B.B. Gogoi, learned Addl. PP submits that the present appeal will now have to be dealt with U/S 7(A) of the JJ Act. 5. Sub Section (2) of Section 7(A) of the JJ Act provides that when a perso n is found to be a juvenile on the date of commission of offence, the Court is r equired to forward the juvenile to the Juvenile Justice Board (JCB) for passing appropriate order under the J.J. Act and the sentence passed against the juvenil e shall be deemed to have no effect. 6. The provision of Section 7(A) of the J.J. Act was considered by the Apex Court in Daya Nand vs. State of Haryana reported in (2011) 2SCC 224 and in res pect of the imprisoned juvenile in that case, the Supreme Court ordered the rele ase of the juvenile by setting aside the sentence and directed for production o f the JCL before the Juvenile Justice Board, for passing appropriate orders und er the J.J. Act. 7. In this case, since a categorical finding has been recorded by the learn ed Sessions Judge, Barpeta in pursuant to the order passed by this Court on 24.6 .2010, that the appellant was a JCL as on 3.10.1997, I am of the view that the i mpugned sentence rendered in Sessions Case No.102/2001 cannot be sustained and t he same is accordingly set aside. As the appellant is on bail, the State is dire cted to produce him before the Juvenile Justice Board, Barpeta so that appropria te orders can be passed, in accordance with the provisions of the J.J .Act. Thi s case is accordingly disposed of with this direction. 8. A copy of this order be furnished to the appellant’s lawyer and Mr. BB G ogoi, the learned Addl. PP.