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SANJAY KUMAR PACHORI
X – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Sanjay Kumar Pachori, J.
Heard Sri Pradeep Kumar Rai, learned counsel for the revisionist, Sri Arpit Malviya, Advocate holding brief of Shri Awadhesh Kumar Malviya, learned counsel for the opposite party no. 2, Sri Karunakar Singh, learned A.G.A. for the State and perused the material available on record.
2. The Present Criminal Revision has been preferred by the revisionist under section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "JJ Act, 2015") against the judgment dated 7.9.2021 passed by Special Judge, POCSO Act, Court No. 1, Ghazipur in Criminal Appeal No. 31 of 2021, whereby the appellate court has rejected the Criminal appeal and affirmed the order dated 26.2.2021 passed by Juvenile Justice Board, Ghazipur, whereby the Juvenile Justice Board, sent the case of the Juvenile to Children's Court for trial.
3. Learned counsel for the revisionist has assailed the judgment and order dated 26.2.2021 passed by the Juvenile Justice Board and submits that the psychological test of the revisionist was held on 9.8.2018, which was conducted by Dr. M.C. Joshi, whereby the I.Q. level of the revisionist was determined 37.5, whi
Preliminary assessment of juvenile in conflict with law – Lack of experience coupled with child’s limited ability to deeply understand long-term consequences of their actions can lead to impulsive / ....
The court emphasized the necessity for comprehensive assessment of a juvenile's understanding of the consequences of alleged offences, mandating multiple expert evaluations under the Juvenile Justice....
The court emphasized the necessity of thorough psychological evaluations for juveniles in conflict with law, asserting that inadequate assessments violate statutory requirements under the Juvenile Ju....
The court ruled that failure to conduct timely and proper assessments under the Juvenile Justice Act invalidates the trial of a juvenile as an adult, emphasizing adherence to statutory timelines.
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.
Juveniles are entitled to bail unless there is clear evidence of potential harm or criminal association, regardless of the offense's severity.
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