Gopinath Ghosh v. State of WB

Facts

• Gopinath Ghosh was convicted and sentenced by the trial court.
• At the appellate stage, a question arose about his age at the time of the offence.
• He had not raised the plea of juvenility before the trial court.

Issue

1. Whether the court must inquire into the age of the accused even if the accused does not raise the claim of juvenility.

Held

• It is not just the right of the accused but the duty of the court to inquire into age when there is any indication of juvenility.
• The court must conduct age inquiry suo motu even if the accused fails to raise the claim.
• The claim of juvenility can be raised at any stage, including appellate stage and even in revision.
• Once raised, the court must determine age using the prescribed methods.

Ratio Decidendi

The JJ Act is beneficial legislation designed to protect children. Its benefits should not be denied merely because an ignorant or unrepresented child fails to raise the plea. Courts are guardians of the rights of children; they must proactively protect these rights regardless of whether they are claimed.