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E. S. INDIRESH, RAMACHANDRA D. HUDDAR
Shiddesh Bharamappa Channagiri – Appellant
Versus
State of Karnataka, Hirekerur Police Station Represented by State Public Prosecutor – Respondent
JUDGMENT :
Ramachandra D. Huddar, J.
The present appeal has been filed by the Child in Conflict with Law (hereinafter called as 'CCL') impugning the orders dated 9th April, 2021 passed in Special Sessions Case No.31 of 2018 by the Additional District and Sessions Judge, FTSC-1, Haveri.
Briefly, the facts leading to this appeal are as under:
FIR was registered against CCL by the Hirekerur Police Station for the offences punishable under sections 366, 376(2)(i) of IPC, under Section 6 of POCSO Act, 2012 and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 as amended (in short 'SC & ST (PA) Act').
2. After his arrest on 17.4.2018, he was released on bail. After completion of investigation, charge sheet was filed. The Juvenile Justice Board ('JJB' in short) was called upon to decide the issue as to whether the CCL is to be tried by the Board or as an adult by the Children’s Court. In this appeal the learned Counsel for the appellant mainly pressed into service, that no proper procedures have been followed by the JJB or the Children's Court in assessing the age of the CCL.
3. It is alleged in the FIR that, the victim girl was aged about t
Proper procedures must be followed in determining the age and maturity of a Child in Conflict with Law to ensure fair trial under the Juvenile Justice Act.
The proceedings against a Child in Conflict with Law must comply strictly with statutory inquiry requirements for fair trial rights, or they may be quashed due to procedural violations.
The lack of compliance with mandatory procedural safeguards in juvenile trials invalidates the conviction, necessitating adherence to due process under the Juvenile Justice Act.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
The court emphasized the necessity of providing a child in conflict with law access to assessment reports to ensure compliance with principles of natural justice under the Juvenile Justice Act.
The court ruled that failure to conduct timely and proper assessments under the Juvenile Justice Act invalidates the trial of a juvenile as an adult, emphasizing adherence to statutory timelines.
The conviction of a child in conflict with law under POCSO Act was upheld based on consistent witness testimonies and medical evidence; the presumptive guilt clause under POCSO aids prosecution. Sent....
Mandatory inquiries under the Juvenile Justice Act must be conducted to assess a child's capacity to commit an offence; failure to do so renders the trial invalid.
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