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november 1983

Supreme Court of India · 1983-11-11

GOPI NATH GHOSH vs STATE OF WEST BENGAL

Citation / case number
SC 1983/66048
Court
Supreme Court of India
Petitioner
GOPI NATH GHOSH
Respondent
STATE OF WEST BENGAL
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the trial of the appellant, Gopinath Ghosh, was vitiated due to non-compliance with the provisions of the West Bengal Children Act, 1959, specifically Sections 2(d), 2(h), 4 to 6, 22, 23, 24(2), and 26. The Court found that the appellant was a juvenile at the time of the offense, thus necessitating his case to be handled by a juvenile court rather than a Sessions Court. Consequently, the Court allowed the appeal, overturning the conviction and emphasizing the jurisdictional errors in the trial process.

GOPI NATH GHOSH vs STATE OF WEST BENGAL · Niyam