The Juvenile Justice Act mandates separate trials for children in conflict with law and adults, emphasizing the child's rights and the need for a child-friendly judicial process.

JUDGMENT :

ANISH DAYAL, J.

I. Proceedings before this Court

1. Whether trial proceedings of a ‘child’ alleged to be in conflict with law and a person ‘not a child’ i.e. an adult, could be held jointly, after a preliminary assessment of Juvenile Justice Board (‘JJB’ declaring the ‘child in conflict with law’ (‘CCL’) to be psychologically and physically mature, is the question that has come up for consideration before this Court in this petition.

2. The present revision petition has been filed by the petitioner (CCL) to set aside order dated 23^rd May 2022 (‘impugned order’) passed by the Trial Court, ASJ-6, West, Tis Hazari Courts, Delhi dismissing the application of the petitioner under Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) whereby the petitioner sought to stop the ongoing joint proceedings/trial of the petitioner with adult accused, Mr. Vivek Kumar, in connection with FIR No. 418/2016 under Sections 186/353/302/34 IPC at PS Nangloi.

3. As per the case of the prosecution, on 26^th September 2016, information was received at Police Station Nangloi and the same was entrusted to SI Mahesh Kumar, who along with staff, reached the spot i.e. Government Boys Senior Secondary School Sultanpuri Road, Nangloi, Delhi. On reaching the spot, it was found that there was a lot of blood scattered at the main gate of the school and also, in class room no.108. Upon enquiry, it was revealed that the injured teacher, Mr. Mukesh Kumar, had already been taken to Sri Balaji Hospital in Paschim Vihar, Delhi.

4. On reaching the hospital, the injured teacher was found to be admitted vide MLC No. 6314/16, in which alleged history was written as “assault by sharp weapon at around 5PM at Govt. Boys Senior Secondary School, SP Road, Nangloi by two school students Vivek and Master K.” In the hospital, eye witness Sh. Badan Singh/complainant, who is also the Vice Principal of the school, got the injured teacher admitted in the hospital and handed over his complaint to SI Mahesh Kumar, in which he alleged that, Vivek Kumar Jha is a 12^th class student and Master K is also a 12^th class student, whose name was struck off being an absentee and their class teacher was Mukesh Kumar, PGT (Hindi). Both students had threatened Mukesh Kumar as they felt that Master K’s name was struck down because of their class teacher. On the day of the incident on 26^th September 2016, when teacher Mukesh Kumar was counting the answer sheets in class room No. 108, the complainant heard hues and cries and spotted the two students namely, Vivek Kumar and Master K, running from the stairs. He proceeded to catch them but was unsuccessful as they ran from the school after jumping over the wall. On reaching the classroom, the teacher Mukesh Kumar was found there lying in seriously injured condition. On the basis of the same, the present FIR came to be registered and investigation was taken up. During the course of treatment, the injured teacher was declared dead by the doctor at Sri Balaji Hospital, Paschim Vihar, Delhi and Section 302 of Indian Penal Code, 1860 (‘IPC’) was added in the case.

5. On 27^th September 2016, the accused Vivek Kumar aged 19 years and accused Master K aged 17 years, were apprehended and clothes worn by them were seized and taken into possession. On the instance of accused Vivek, the weapon of offence i.e. knife and on the instance of Master K, punch used by him was recovered. Documents relating to the age of the accused were verified from Govt. Sr. Secondary School, Sultan Puri, Nangloi, according to which the date of birth of CCL is 29^th October 1998 and co-accused Viv