The legal framework under the Juvenile Justice Act emphasizes the importance of thorough assessments, including medical and psychological evaluations, in determining a juvenile's capacity to understand the consequences of their actions.

JUDGMENT

(Prayer: In Crime No.249 of 2019 : Respondent/Respondent/Complainant PRAYER: Criminal Revision Petition has been filed under Section 397 and 401 of Cr.P.C, r/w Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015, to set aside the order passed by the Court of Fast Track Mahila Judge, Dindigul in Crl.M.P.No.563 of 2020 on 19.01.2021, in confirming the order passed by the Principal Judicial Magistrate, Juvenile Justice Board, Dindigul in Crl.M.P.No.221 of 2019, on 10.10.2019.)

1. The Criminal Revision Case is directed against the order passed in Cr.M.P.No.563 of 2020, dated 19.01.2021, on the file of the Fast Track Mahila Court, Dindigul dismissing the appeal/petition filed under Section 101(2) of Juvenile Justice (Care and Protection of Children) Act 2011.

2. The respondent registered a case in Cr.No.249 of 2019 against the petitioner for the offence under Section 302 I.P.C. Since the petitioner was shown as a Juvenile, the case was forwarded to the Juvenile Justice Board, Dindigul. An enquiry was conducted by the Juvenile Justice Board in terms of Section 15 of the Juvenile Justice Act in Cr.M.P.No.221 of 2019 and vide order dated 10.10.2019, a finding came to be recorded that the petitioner has to be treated an adult under Section 18 of the Juvenile Justice Act and the case has been transferred to the Sessions Court, Dindigul. When the case stood posted for framing of charges, the petitioner has filed the above petition claiming to be under Section 101(2) of Juvenile Justice Act, challenging the order passed by the Juvenile Justice Board for treating the petitioner as an adult.

3. The learned Sessions Judge, upon considering the materials placed on record and on hearing the arguments of both sides, has passed the impugned order dated 19.01.2021, dismissing the said petition. Aggrieved by the said dismissal, the accused has come forward with the present Criminal Revision.

4. The main contention of the petitioner is that the Courts below ought to have seen that the petitioner's date of birth is 08.04.2022 and on the date of alleged occurrence ie., on 29.07.2019, he is 16 years 3 months and 21 days old and as such, he is a Juvenile conflict with law, that the Courts below have failed to note that at the time of alleged occurrence, the petitioner was studying 10th standard, that the Juvenile Justice Board is duty bound to take into the assistance of experienced Psychologists or Psycho-Social workers or other experts, that the Courts below have also failed to note that the petitioner is a good student and did not come into any adverse inference, that though the Juvenile Justice Board has a duty to conduct a preliminary assessment about the mental and physical capacity of the Juvenile to commit such an offence, there are absolutely no materials available to show that the petitioner has mental and physical capacity to commit such an offence, that the Courts below have also failed to consider the social and economic condition of the Juvenile and that they have also failed to notice that the Juvenile and the deceased are friends and are studying in the same class.

5. The learned Counsel for the petitioner would submit that the prosecution has not conducted proper medical examination to ascertain the correct age of the petitioner, that the petitioner is not having any previous cases registered against him, that the Juvenile Justice Board without considering the family circumstances of the Juvenile and without properly considering the psychological report of the accused, has passed the impugned order and that the learned Sessions Judge, without entering into those aspects, has proceeded mechanically and dismissed the petition.

6. Before entering into further discussion, it is necessary to refer Sections 15 and 18 of the Juvenile Justice Act, 2015:

“ 15. Preliminary assessment into heinous offences by Board:-

(1) In case of a heinous offence alleged to have been committed by a child, who has complet