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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Rajkumar @ Raja Dewangan S/o Shiv Kumar – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. The appellant herein – Child in Conflict with Law (for short, “the CCL”) has been convicted and sentenced by the Children’s Court, Durg, District Durg, Chhattisgarh vide impugned judgment dated 25.05.2019 for the heinous offences as defined in Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity “the Act of 2015”) which states as under:
| Conviction | Sentence |
| Under Section 363 of the IPC | Imprisonment for 6 months with fine of Rs. 200/- |
| Under Section 366 of the IPC | Imprisonment for 6 months with fine of Rs. 200/- |
Under Section 376(2) of the IPC and Section 6 of the POCSO Act [However, sentenced under Section 376(2) of the IPC as the same is higher in degree to that of Section 6 of the POCSO Act] | Imprisonment for 10 years with fine of 500/- |
Prosecution Story:-
2. The CCL was juvenile and found involved in offences as mentioned in the opening para of this judgment, accordingly, he was charge-sheeted before the jurisdictional Juvenile Justice Board (for short “the JJB”) for the said offences. The JJB finding him more than 16 years and less than 18 years of age as the date of birth of the CCL is 22.02.2000 on the basis of his
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.
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.
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.
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.
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 established that compliance with the procedural safeguards outlined in the Juvenile Justice Act is essential to protect the rights of children in conflict with the law, particularly regardi....
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