CAV Order

1. This criminal revision has been preferred challenging the order dated 31-12-2021 passed by the Upper Sessions Judge (FTC)/Children's Court, Korba (CG) in Cr. A. No. 94/2021 upholding the order dated 7-4-2021 passed by the Juvenile Justice Board, Korba (CG) (hereinafter, referred to as 'the Board') in Criminal Case No. 79/2018 whereby, after making preliminary assessment as required under the provisions of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act, 2015'), aforesaid criminal case has been transferred to Children’s Court, Korba for trial of the applicants/ juveniles as adults under Section 18(3) of the Act, 2015.

2. Brief facts of the case are that on 15-3-2018 at about 10.20 am, when the complainant and his friends were going on motorcycle, due to previous enmity, applicants-juveniles restrained them on road, abused them in filthy language and assaulted upon complainant, fell him on the ground and assaulted him by hands and fists, rod, iron ring. In aforesaid altercation, complainant sustained injuries. Within 15 minutes, complainant lodged report against applicants-juveniles and two others for the offence under Section 341, 294, 307, 190, 34 of the Indian Penal Code. After usual investigation, charge sheet for the aforesaid offence was filed against the applicants-juveniles before the Juvenile Justice Board, Korba.

3. Since charge sheet was filed for the offences including Section 307 of the IPC, therefore, considering the age of the applicants-juveniles, which was within the bracket of 16 – 18 years and finding the offence under Section 307 of the IPC as heinous offence, the Board sought psychological report from the psychologist for preliminary assessment of the applicants-juveniles, as provided under Section 15 of the Act, 2015. The case was fixed for about 8-9 times for submission of psychological report, but the same was not produced before the Board. Hence, the Board only considering the social investigation report, wherein it was mentioned that the applicants- juveniles are regular students of Class 10th, held that at the time of commission of crime, they were literate which prima facie, demonstrates that they were having ability to understand the consequences of the offence, therefore, the case of applicants- juveniles is required to be tried as adults by Children's Court, as per provisions of Section 18(3) of the Act, 2015. Hence, the case was transferred to Children's Court.

4. In appeal being Cr. A. No. 94/2021 preferred by the applicants-juveniles under Section 101 of the Act, 2015, learned Children's Court, Korba dismissed the appeal vide order dated 31-12-2021 by upholding the order passed by the Board stating that there was no illegality or perversity in the order of the Board. Hence, this revision.

5. Learned counsel for the applicants submits that the Board has not followed the procedure prescribed under Section 15 of the Act, 2015 to conduct preliminary assessment to assess the mental and physical capacity of juvenile in conflict with law to commit heinous crime and ability to understand consequences of said offence and also the circumstances under which, they allegedly committed the offence. It is further submitted that for conducting any case of juvenile in conflict with law as an adult, aforesaid 3 parameters are necessarily to be followed, which have not been followed by the Board in this case, because no inquiry has been made and no assistance of experienced psychologist or psycho-social workers or other experts has been taken. Thus, the Board has completely ignored the provisions of the Act, 2015, as also rules of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (hereinafter referred to as 'the Model Rules, 2016'). It is further submitted by learned counsel for the applicants-juveniles that the case was fixed about 8 – 9 times for submission of psychological report but the same was not produced, d