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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
A – Appellant
Versus
State of Chhattisgarh, through Police Station Katghora – Respondent
Judgment :
Sanjay K. Agrawal, J.
1. The appellant herein – Child in Conflict with Law (for short, “the CCL”) has been convicted by the Children’s Court, Katghora, District Korba, Chhattisgarh vide impugned judgment dated 30.12.2022 for offence under Section 302 of the IPC and sentenced therein to undergo simple imprisonment for 10 years with fine of ₹ 500/-; in default of payment of fine amount she has to undergo additional imprisonment for one month, as the same is heinous offence as defined in Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity “the Act of 2015”).
Prosecution Case :-
2. The CCL was juvenile and found involved in offence under Section 302 of the IPC, accordingly, she was charge- sheeted before the jurisdictional Juvenile Justice Board (for short “the JJB”) for the said offence. The JJB finding her more than 16 years and less than 18 years of age as the date of birth of the CCL is 15.07.2004 (vide Ex.P/26) and the date of offence is 22.08.2020, meaning thereby on the date of offence the CCL was aged about 16 years 1 month 7 days, proceeded to hold preliminary assessment under Section 15(1) of the Act of 2015 and called for Soc
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 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.
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.
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.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
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.
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