2024:CGHC:33685 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for Order on : 03.07.2024 Order Passed on : 02/09/2024 CR.R. No. 473 of 2024 ABC ---- Applicant versus State Of Chhattisgarh, Through : Station House Officer, Police Station Arang, District : Raipur, Chhattisgarh ---- Respondent For Applicant : Mr. C.R. Sahu, Advocate For Respondent/State : Mr. Vinay Pandey, Dy.A.G.

Hon'ble Shri Justice Parth Prateem Sahu

C A V ORDER

1. This revision is filed by the juvenile in conflict with law challenging the order dated 19.10.2023, passed in Criminal Appeal No.178 of 2023, whereby the Appellate Court has dismissed the appeal filed against against the order of Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur (In short, “the Board”) under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Hereinafter referred to as “the Act of 2015”).

Digitally signed by BALRAM PRASAD DEWANGAN Date:

2024.09.03

2. Learned counsel for applicant submits that applicant was arrested in connection with Crime No.126/2023 for the offence under Section 302, 376, 511 of the Indian Penal Code. As the applicant was less than 18 years of age on the alleged commission of offence, he was produced before the Board. According to the provision under Section 15 of the Act of 2015, the Board initiated the proceedings of preliminary assessment has taken the help of psychiatrists. Relying upon the report of psychiatrists that child is psychologically normal has passed an order that, it will be proper for trial of the case of the applicant by Children Court. The order of the Board was not in conformity with the scheme of the Act of 2015 and the Rules framed thereunder and therefore, it was challenged in an appeal before the Appellate Court U/s. 101 of the Act of 2015 and learned Appellate Court also without considering the object of the Act and the provisions under the Rule 10A of the Rules, 2016 in an appropriate manner dismissed the appeal.

3. Learned State counsel opposes the submission of learned counsel for applicant and would submit that the Board after production of child in conflict with law in connection with the alleged commission of offence has taken recourse of the provision under Section 15 of the Act, 2015 immediately, has initiated the proceedings of preliminary assessment because the applicant on the date of commission of offenc was above 17 years and less than 18 years of age. He contended that according to Rule 10 A of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 has taken the assistance of psychologist and based on the report Board has passed an order that child in conflict with law has been assessed to be affirmative for heinous offence and accordingly directed for trial of the applicant by Children Court. The order of the Board was affirmed in appeal. The Appellate Court has also considered the report of psychiatrist and dismissed the appeal while affirming the order of the Board. Hence it does not call for any interference.

4. I have heard learned counsel for parties.

5. Along with covering memo, applicant had filed the certified copy of the order passed under Section 15 of the Act, 2015 by the Board and the report of the psychiatrist dated 26.07.2023. Perusal of the report would show that applicant was examined only by one psychiatrist. Based on the examination/consultation with child in conflict with law, assessment chart is prepared for arriving at conclusion which reproduced as under :-

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6. Perusal of the above chart would show that out of five columns of assessment, four columns have been shown to be below average and one to be extremely low and psychiatrist in its report concluded that child is