Ankit Anand @ Sonal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.440 of 2018 ===================================== Ankit Anand @ Sonal Kumar Singh, aged about 17 years, [juvenile], through its guardian Daya Kant Singh @ Tiptip Singh @ Gyan Ratan Singh, resident of Village- Marachi (worth), P.S.- Marachi, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s ===================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Respondent/s : Mr. Ram Priya Sharan Singh ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-05-2018 The juvenile/petitioner was more than 16 years on the date of the occurrence for which a case has been instituted vide Maranchi P.S. Case No. 42 of 2017 dated 05.06.2017 for the offences under Sections 363, 366(A), 379 of the Indian Penal Code and Section 4 of the Protection of Children From Sexual Offences Act, 2012.

From the perusal of the order of the Juvenile Justice Board as also the appellate order passed by the learned Additional District & Sessions Judge-I-cum-Special Judge, POCSO, Patna in Cr. Appeal No. 266 of 2017, it appears that there has not been any assessment of the juvenile/petitioner in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Section 15 of the Act, referred to above, reads as follows:-

Patna High Court CR. REV. No.440 of 2018 (3) dt.10-05-2018 2/3 "15.

Preliminary assessment into heinous offences by Board.-(1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment 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, and may pass an order in accordance with the provisions of sub-section (3) of section 18. Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts.

Explanation-For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence.

(2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973(2 of 1974):

Provided that the order of the Board to dispose of the matter shall be appealable under subsection (2) of section 101. Provided further that the assessment under this section shall be completed within the period specified in section 14."

Since the offences alleged in the F.I.R would come within the category of heinous cases as defined under Section

Patna High Court CR. REV. No.440 of 2018 (3) dt.10-05-2018 3/3 2 (33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the assessment under Section 15 of the Act is mandatory. That not having been done by the Juvenile Justice Board as well as the Appellate Court, their orders cannot be sustained in the eyes of law.

Accordingly, the order dated 15.09.2017 passed by the Juvenile Justice Board, Patna in J.J.B. No. 426 of 2017, arising out of Maranchi P.S. Case No. 42 of 2017 as also the appellate order dated 24.03.2018 passed by the learned Additional District & Sessions Judge-I-cum-Special Judge, POCSO, Patna in Cr. Appeal No. 266 of 2017 are set aside. The case is remitted to the learned Juvenile Justice Board, Patna for assessment of the petitioner in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

In case the petitioner feels aggrieved by the order of the Juvenile Justice Board, he shall have the liberty to challenge the aforesaid order before the competent Court. With the aforesaid observation, the present revision petition is disposed of.

(Ashutosh Kumar, J) Shageer/- U T