HIGH COURT OF TRIPURA AGARTALA Crl.Rev.P. No.16/2024 "X"

……… Petitioner (s).

V E R S U S The State of Tripura ……… Respondent(s).

For Petitioner (s) : Mr. Subrata Sarkar, Sr. Advocate, Ms. Piyali Chakraborty, Advocate, Ms. Uttara Singh, Advocate.

For Respondent(s) : Mr. Raju Datta, P.P., Mr. Rajib Saha, Addl. P.P.

HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Date of hearing and judgm ent: 22^nd January, 2025 Whether fit for reporting : YES JUDGMENT & ORDER(ORAL)

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 the Code of Criminal Procedure, 1973 (Cr.P.C., for short) are as under:

(i) On the basis of a written complaint lodged on 18.06.2019 at

0150 hours by one Sri Narayan Das alleging that on 16.06.2019 at about 1200 hours the CCL 'X' forcibly kidnapped the younger sister of the informant namely 'Y' (hereinafter referred to as "the victim"), aged 17 years and she could not be traced despite frantic search in all probable places, an FIR bearing No.2019BJN049 was instituted. Subsequently, his minor sister was dropped by a vehicle bearing registration No.TR-03-D-0767. The informant came to know from the victim that on 16.06.2019 the CCL took her to a guest house located at Ambassa area and in that guest house the CCL forcibly committed rape upon her. In the same night, the CCL also tortured the victim mentally and physically in the said guest house giving assurance of marriage. When the victim raised alarm, the CCL pressed her mouth and asked her not to raise alarm giving assurance that he would marry the victim girl.

(ii) On receipt of the written complaint, the Officer-in-Charge of Bodhjungnagar Police Station registered Bodhjungnagar P.S. case No.2019BJN049 under Sections 366A/376(1) of IPC against the CCL.

(iii) After investigation, charge-sheet bearing Bodhjungnagar P.S. C/S No.13 of 2020 dated 29.02.2020 under Sections 366A/376 of IPC and under Section 4 of the POCSO Act, 2012 was submitted against the CCL aged

17 years.

(iv) After receipt of the charge-sheet, the learned JJB sought for the Preliminary Assessment Report of the CCL from Modern Psychiatric Hospital, Narsingarh. The report was received on 17.03.2021 as per the order sheet of the said date. The case was fixed for order on preliminary assessment on the next date, i.e. 01.04.2021. The learned JJB came to a conclusion upon going through the Preliminary Assessment Report and upon hearing the learned Public Prosecutor as also the CCL represented through the legal aid counsel that the CCL was a boy of 17 years 06 months and 28 days old on the date of alleged incident. He was almost an adult person who was physically and mentally capable to commit the alleged offence. The CCL had the ability to understand that he was going to commit the alleged acts only for a physical relationship with the victim girl. So, the learned JJB found it prudent to send the case to the learned Children's Co