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.

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 two years six months at the time of alleged incident and belongs to Scheduled Tribe. It is alleged in the FIR that, on 15.4.2018, accused kidnapped the minor victim girl from the lawful guardianship of the complainant with an intention to have illicit intercourse with her. With that intention CCL took the victim girl behind his house, situated at Masur village, committed forcible sexual assault on her, so also aggravated penetrative sexual assault upon her, repeatedly, knowing fully well that, she was a minor and belongs to the Scheduled Tribe. Therefore, it is alleged by the complainant in the complaint that, the accused had committed the aforesaid offences.

4. Initially, as per the records, the matter was pending before JJB, Haveri. The learned President of JJB, Haveri, passed a detailed order on 14.9.2018 with a direction to transfer the case to the Children’s Court i.e., the trial Court. During the pendency of the trial as stated above, CCL was granted bail.

5. Before the learned Special Court i.e., Children’s Court to prove the guilt of the accused, prosecution has examined in all, 11 witnesses in the shape of PWs. 1 to 11, so also got marked Ex.P.1 to P20. MO Nos.1 to 11 are also marked.

6. Learned trial Court i.e., Children’s Court after having heard the arguments and after evaluation of the evidence placed on record by the prosecution, found the CCL guilty of committing the offences under sections 366, 376(2)(i) of IPC, under Section 6 of the POCSO Act, 2012 and under Section 3(2)(v) of SC and ST (PA) Act, 1989 and sentenced him as under :

"The accused shall undergo rigorous imprisonment for a period of 5 years and shall pay fine of Rs.2,000/- For the offence punishable under Section 366 of IPC. In default of payment of fine amount, the accused shall undergo simple imprisonment for further period of one year.

The accused shall undergo rigorous imprisonment for a period of 10 years and shall pay fine of Rs.5,000/- for the offence punishable under Section 6 of POCSO Act. In default of payment of fine amount, the accused shall undergo simple imprisonment for further period of 6 months.

The accused shall undergo life imprisonment and shall pay fine of Rs.5,000/- for the offence punishable under Section 3(2)(V) of SC/ST