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PRAKASH CHANDRA GUPTA
Vikas s/o Jitendra Solanki – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Prakash Chandra Gupta, J.
This revision petition has been filed by the accused under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as Act, 2015) against the order dated 30-6-2023, passed by Special Judge (POCSO Act), Dharampuri, Distt. - Dhar, whereby the learned trial Court had rejected an application filed by the petitioner, wherein he claimed that at the time of the incident, he was a child below 18 years of age. Therefore, the criminal case pending against the petitioner was requested to be transferred to the Juvenile Justice Board (hereinafter referred as JJ Board).
2. Facts of the case in brief are that a Special case No. 11/2023, offence punishable under section 366, 376(2)(n), 344 and 506(II) of Indian Penal Code and section 5(l)/6 of POCSO Act, 2012 is pending against the petitioner. On 30-6-2023, the petitioner had filed an application, wherein he claimed that at the time of the incident, he was below 18 years of age. Therefore, the criminal case pending against him should be transferred to the JJ Board. After hearing both the parties, the trial Court had rejected the application on the same day.
3. Learned counsel
A court must conduct an inquiry into the age of an accused claiming juvenility before making a decision, as per the Juvenile Justice Act.
The Juvenile Justice Board lacks authority to conduct preliminary assessments for children under 16 years in heinous offense cases, per the Juvenile Justice Act.
The court emphasized the necessity of a proper enquiry into juvenility, allowing the accused to present evidence and examine the Medical Board, rather than relying solely on medical opinion.
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 understa....
The main legal point established in the judgment is the importance of following the prescribed procedure for determining juvenility under the Juvenile Justice Act, including the specific inquiry proc....
A non-Juvenile Justice Board court must conduct an inquiry to determine age when juvenility is claimed, as outlined in Section 9(2) of the Juvenile Justice Act.
A juvenile cannot be tried as an adult and must undergo a trial appropriate for minors under the Juvenile Justice Act if determined as such at any stage.
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