Kolkata, Mar 7 (PTI) The Calcutta High Court has ordered the immediate release and repatriation of a Bangladeshi prisoner, who was a minor when apprehended for illegal entry into India and has been languishing in jail for the last 21 years.
Pointing out that the maximum punishment that can be imposed on a juvenile under the Juvenile Justice (Care and Protection of Children) Act is seven years, a division bench presided by Justice Rajasekhar Mantha on Thursday ordered that the man, who is now 36 years old, be set free forthwith.
He has been in custody for more than 21 years since his arrest in February, 2005.
Following an enquiry conducted in respect of the juvenility of the appellant, the additional district and sessions judge, Basirhat in North 24 Parganas district, submitted a report before the division bench.
It stated that an ossification test conducted on the appellant determined his age to be 36 years at present.
The division bench, also comprising Justice Rai Chattopadhyay, said that based on the report, the appellant was a minor as on February 8, 2005, when he was arrested.
The court directed the state to make efforts for the repatriation of the appellant back to his country of origin, Bangladesh.
In a separate order on Thursday, the division bench also ordered that another man, who was a juvenile when arrested 14 years ago, be set free on similar grounds.
Accepting a report by the additional district and sessions judge, Fast Track Court, Rampurhat in Birbhum district, the division bench noted that the trial judge has concluded that the appellant was 15 years and 9 days as on February 27, 2011, the date and time of occurrence of the crime for which he was arrested.
The bench observed that since a juvenile cannot be convicted for more than seven years and the convict has been incarcerated for more than 14 years, he will be set at liberty. PTI AMR RG
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