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HIGH COURT OF TRIPURA AGARTALA
APARESH KUMAR SINGH, CJ
"X" – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
APARESH KUMAR SINGH, CJ.
Heard Mr. Subrata Sarkar, learned senior counsel assisted by Ms. Piyali Chakraborty, learned counsel appearing for the petitioner and Mr. Raju Datta, learned Public Prosecutor assisted by Mr. Rajib Saha, learned Addl. Public Prosecutor appearing for the respondent-State.
2. The Court of learned Sessions Judge, West Tripura, Agartala is the Children's Court within the meaning of Section 2(20) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act of 2015"). The learned Sessions Judge, West Tripura, Agartala [the appellate Court] has rejected the appeal under Section 101 of the Act of 2015 preferred by the child in conflict with law (CCL, for short) wherein the order on preliminary assessment report dated 01.04.2021 passed by the learned Juvenile Justice Board, West Tripura, Agartala (JJB, for short) in case No. Juvenile 19 of 2019 under Sections 366A/376(1) of the Indian Penal Code (IPC, for short) was under challenge.
3. The relevant facts necessary to deal with the issue in controversy in the present revision petition preferred under Section 102 of the Act of 2015 read with Sections 397 and 401 of th
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.
The proceedings against a Child in Conflict with Law must comply strictly with statutory inquiry requirements for fair trial rights, or they may be quashed due to procedural violations.
The lack of compliance with mandatory procedural safeguards in juvenile trials invalidates the conviction, necessitating adherence to due process under the Juvenile Justice Act.
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 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 thorough psychological evaluations for juveniles in conflict with law, asserting that inadequate assessments violate statutory requirements under the Juvenile Ju....
Proper procedures must be followed in determining the age and maturity of a Child in Conflict with Law to ensure fair trial under the Juvenile Justice Act.
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