Digitally

2025:CGHC:25193-DB signed by SISTA SISTA SOMAYAJULU AFR SOMAYAJULU Date:

2025.06.23

18:27:55 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No.124 of 2018 {Arising out of judgment dated 27-9-2017 in Special Case (Juvenile)

No.3/2016 of the Juvenile Court (Children's Court)/Additional Sessions Judge (FTC), Korba}

X {Child in Conflict with Law through his mother}

... Appellant versus State of Chhattisgarh, through Police Station, Out Post Rampur, Police Station Kotwali, Korba, Chhattisgarh ... Respondent For Appellant : Mr. Mirza Keshar Beg, Advocate.

For Respondent/State : Mr. Rahul Tamaskar, Government Advocate and Mr. H.A.P.S. Bhatia, Panel Lawyer.

Amicus Curiae : Mr. Rishi Rahul Soni, Advocate.

Division Bench: -

Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Deepak Kumar Tiwari, JJ.

Judgment On Board (18/06/2025)

Sanjay K. Agrawal, J.

1. The short but important question involved in this criminal appeal is, whether the Children’s Court constituted under the provisions of the Commissions for Protection of Child Rights Act, 2005 is justified in convicting the appellant herein – a Child in Conflict with Law (for short, ‘the CCL’), for offence under Section 307 of the IPC by awarding imprisonment for life treating the said offence as heinous offence and trying under Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the Act of 2015’)?

2. The aforesaid question of law arises for consideration on the following factual backdrop: -

3. The present appeal has been filed by the CCL under Section 374(2)

of the CrPC impugning the judgment of conviction and order of sentence dated 27-9-2017 passed by the Juvenile Court (Children's Court)/Additional Sessions Judge (FTC), Korba in Special Case (Juvenile) No.3/2016, by which the CCL has been convicted under Section 307 of the IPC and sentenced to undergo simple ₹

imprisonment for life & pay a fine of 2,000/-, in default of payment of fine to further undergo additional simple imprisonment for two years.

4. The Station House Officer, Police Chowki Rampur, Police Station Kotwali, Korba filed charge-sheet before the Juvenile Justice Board, Korba, against the CCL, aged about 17 years, for offence punishable under Section 307 of the IPC in which the Juvenile Justice Board by order dated 28-9-2016 held that the CCL appears to be in between 16 and 18 years of age and therefore decided to make preliminary assessment in accordance with Section 15 of the Act of 2015 holding that offence under Section 307 of the IPC is “heinous offence” within the meaning of Section 2(33) of the Act of 2015 and accordingly, called for preliminary inquiry / report from Psychologist Mr. Sanjay Tiwari with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence. The report was ultimately received on 16-6-2016 and finally, after hearing the arguments of the learned counsel engaged by the CCL, the Juvenile Justice Board preliminarily assessed the case of the CCL and passed order dated 30-11-2016 holding that under Section 18(3) of the Act of 2015 there is a need for trial of the child as an adult and transferred the case to the Children’s Court having jurisdiction to try the offences i.e. the Children’s Court, Korba constituted under the provisions of the Commissions for Protection of Child Rights Act, 2005.

5. The Children’s Court, Korba, upon receipt of record on 9-12-2016 from the Juvenile Justice Board, Korba, recorded a finding that since the case has been transferred from Juvenile Justice Board under Section 18(3) of the Act of 2015 and the Children’s Court, Korba has jurisdiction to try the case, the case be registered as Special Case No.3/2016 and fixed the case for hearing under Section 19(1)(i) & (ii) of the Act of 2015, and ultimately, on 7-3-2017 held that there is a need for trial of the child as an adult as per the provisions of the Code of Cr