JUDGMENT

Mridula Bhatkar, J.—Rule. Rule made returnable forthwith. By consent of the parties, the Petition is heard finally and disposed of at the stage of admission.

2. In this Petition, the order dated 19th January, 2018 passed by Juvenile Justice Board, Sangli District below exhibit 1 in J.C. No. 145 of 2017 and also the order dated 13th July, 2018 passed by Juvenile Justice Board, Sangli below exhibit 1 in J.C. No. 145 of 2017 are challenged.

3. The legal issue is raised as follows:—

Whether a child, who has not committed heinous offence can be transferred to Children’s Court?

4. The present petitioners were not adult when an offence of attempt to commit murder punishable under section 307 of Indian Penal Code, 1860 (of “IPC”) was committed. They all were about 17 years old, but below 18 years of their age. Therefore, admittedly, they fall within the definition of section 2 (12) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as “the said Act”).

5. Under section 2 (12) of the said Act, “child” means a person who has not completed eighteen years of age.

6. As all the petitioners were about 17 years old, but below 18 years old, Juvenil