ORDER :

1. This criminal revision has been preferred challenging the order dated 3-9-2021 passed by the Children's Court/Upper Sessions Judge, Fast Track Special Court, (POCSO Act), Sarguja, Ambikapur in Cr. A. No. 12/2021 upholding the order dated 26-2-2021 passed by the Juvenile Justice Board, Ambikapur, Distt. Sarguja (CG) (hereinafter, referred to as 'the Board') in Criminal Case No. 35/2020 whereby, after making preliminary assessment as required under the provisions of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act, 2015'), aforesaid criminal case has been transferred to Special Court/Children’s Court, Ambikapur for trial of the applicant/juvenile as an adult under Section 18(3) of the Act, 2015.

2. Brief facts of the case are that on 12-3-2020, complainant lodged missing report at PS Sitapur, Distt. Sarguja that her granddaughter aged about 6 years is missing since about 1.30 pm of 11.3.2020. On 16-3-2020, dead body of missing girl was found in the well situated in the yard of the house of applicant, who is neighbour of the complainant. Dead body of the deceased was taken out from the well, inquest and post mortem on the dead body of the deceased was done, wherein it was reported that tongue of the deceased came out from her mouth and injury was also found in her private part. Hence, on being query made by the police, the doctor opined that tongue of the deceased came out due to throttling, and injury in private part (vagina) may be caused due to forced physical relation made with her. Earlier, FIR for offence under Section 363 of the Indian Penal Code was lodged against unknown person. After post mortem report, offence under Section 342, 376 ¼d½¼[k½ 304, 201 of the IPC, Section 5-n, 6 of the Protection of Children from Sexual Offences Act, were added. During investigation, it was revealed that on 12-3-2020, the applicant juvenile took the deceased in his house, raped her and killed her by throttling her neck, thereafter he kept the dead body of the deceased at a lonely place of his house. On 15-3-2020, when foul smell was coming from the dead body, on being inquired by father of the applicant-juvenile, he told him about the incident, thereafter they threw the dead body into the well. After investigation, charge sheet was filed against the applicant before the Board for offence under Section 363, 342, 376(a)(b), 302, 201, 34 of the Indian Penal Code and Section 5(d) and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'the POCSO Act')

3. The Board called social investigation report (Panel report) and after submission of social investigation report and after considering the age of the applicant on the date of incident, which was 16 years, 6 months and 13 days, and considering heinousness of the crime, the Board held that the applicant had developed mental and physical capacity to understand the result of crime and the circumstances under which the offence has been committed, therefore, the Board found that there is a need for trial of the said child as an adult by Children's Court.

4. In appeal (Criminal Appeal No. 12/2021), preferred by the applicant-juvenile under Section 101 of the Act, 2015, learned Children's Court/Upper Sessions Judge, FTSC, (POCSO Act), Sarguja, Ambikapur has held that although, it has been stated that mental status of the applicant-juvenile is lacking in the social investigation report (which she has noted as psychological report) and it does not reveal as to what was the state of mind of the applicant-juvenile at the time of incident, despite that, the learned appellate Court upheld the order passed by the Board. Hence, this revision.

5. Learned counsel for the applicant submits that the Board has not conducted any inquiry in respect of the provisions of Section 15 of the Act, 2015. The statutory provisions contained under Section 15 of the Act for conducting preliminary assessment to assess the