A C Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner, born on 03.07.2001, is facing proceedings in criminal case (SC no.300/2019) in the court of the Additional Sessions Judge, designated as Children's Court under the Commissions for Protection of Child Rights Act, 2005 on the basis of accusations founded on evidence statedly gathered during investigation of first information report (FIR) no.214/2018 of police station Krishna Nagar, involving offences punishable under Sections 377, 506, 363 of Indian Penal Code, 1860 (IPC) and Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the acts constituting such offences having been committed on 14.09.2018, the victim also being a child (having been born on 29.07.2003). The particulars of the petitioner and the victim are being withheld, the former being herein referred to as "A.C" or "child in conflict with law (CCL)".

(2.) The petitioner had been earlier brought before the Juvenile Justice Board (JJB) on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) dated 09.11.2018, some further material (forensic reports) having been later added by a supplementary report dated 20.02.2019. The CCL is contesting the case pleading his innocence before the JJB.

(3.) An inquiry was held on the request of the prosecution, for preliminary assessment in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, "JJ Act, 2015"), the offences involved, particularly those punishable under Section 377 IPC and Section 4 of POSCO Act, being "heinous offences" within the meaning of the expression used in the said law, the petitioner being a child who, prima facie, had completed the age of 16 years on the crucial date when the said offence took place. The JJB, after taking into account the facts and circumstances of the case, the mental and physical capacity of the CCL, his ability to understand the consequences, and other relevant facts, decided, by its order dated 19.01.2019, that there is a need for he to be tried "as an adult", and in the consequence decided to transfer the trial of the case under Section 18(3) of the JJ Act, 2015 to the jurisdictional Children's Court.