The assessment of a juvenile's mental and physical capacity to commit an offence under section 15 of the Juvenile Justice Act is crucial in determining the transfer of case records to the Children's Court.

JUDGMENT :

Mr. Vijay Kumar Sharma, the learned counsel appears for the petitioner and Mr. Nawin Kumar Singh, the learned APP appears for the State.

2. This criminal revision petition was filed on 25.10.2016 and by an order dated 28.03.2017 a Co-ordinate Bench of this Court called for the lower Court's record. Thereafter, the petitioner did not take any step in the matter for hearing of this criminal revision petition - he has not even filed an application for early hearing.

3. The petitioner is aggrieved of the order dated 04.06.2016 passed by Juvenile Justice Board, Chatra in connection with Chatra Sadar PS Case No. 74 of 2016 arising out of G.R. No. 401 of 2016 by which his case records have been transferred to the Children's Court.

4. The appeal preferred by the petitioner vide Criminal (Juvenile) Appeal No. 15 of 2016 was dismissed on merits by an order dated 22.07.2016.

5. In the order dated 22.07.2016, the appellate Court has held as under:

"Therefore, considering the age, qualification, physical capability, reply on the questions put to the juvenile, provision of section 15, 101(2) J.J.Act and other relevant provisions of law, I am of the view that that learned J.J.B has rightly passed impugned order dated 04.06.2016 and there is no any scope to interfere in it.

Accordingly, present appeal is being dismissed, consequently the impugned order dated 04.06.2016 passed by J.J. Board is being upheld. Let a copy of this order be sent to the Children's Court for information and needful in connection with Sadar P.S Case No. 74/2016, corresponding to G.R. No. 401/2016 along with concerned record."

6. A case under section 15 of NDPS Act was lodged on 01.04.2016 vide Chatra Sadar PS Case No. 74 of 2016. 'On a secret information the police force led by the Officer Incharge of Chatra Sadar PS intercepted a Tempo. On seeing the police personnel the Tempo driver and other two persons who were following on a motorcycle tried to escape however after a chase they were arrested. The Tempo was driven by Nirmal Yadav and on search 95 kg peel of opium fruit was found stacked in five plastic bags. Upendra Kumar Sahu and Raju Yadav were escorting the Tempo on a motorcycle. A preliminary assessment under section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 was made. During enquiry and interaction by members of the Board with the petitioner, who was declared juvenile and his age was assessed at 17 years 9 months, he was found possessing requisite mental and physical capacity to commit the offence. The learned Appellate Court has observed that the accused was a student of BA(Hons) at Chatra College and opinion of Dr. Uma Shankar Prasad, Additional Chief Medical Officer, Chatra was obtained regarding mental and physical capacity as well as ability of the accused to understand consequences of the offence committed by him. It appears that on 19.07.2016 the juvenile accused was produced in the chamber of Principal Magistrate in presence of Ramesh Kumar Jaiswal, the learned counsel, who was representing the accused and the medical specialist. The medical specialist has rendered an opinion that the juvenile was having mental and physical capacity to commit any offence and he was able to understand the consequences of any offence. The Appellate Court had also occasion to interact with the accused and assess his mental and physical capacity.

7. In view of the aforesaid steps taken by the Court's below in conducting preliminary assessment under section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, absence of opinion of a Psychiatrist, which in my opinion is not mandatory, would not render the enquiry under section 15 improper.

8. In view of the aforesaid facts, I am not inclined to interfere in the matter and, accordingly, Criminal Revision No. 1433 of 2016 is dismissed.

9. Let a copy of the order be transmitted to the Court concerned through "FAX".