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.