AYUSH SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Abhishit Jaiswal, Advocate, holding brief of Sri Aushim Luthra, learned counsel for the revisionist; learned A.G.A. for the State and perused the trial court record.

(2.) The present criminal revision has been filed to set and aside the judgement and order dtd. 30/11/2023 passed by Additional and Sessions Judge/ Special Judge, POCSO Act, Prayagraj, as well as order dtd. 4/12/2020 passed by the Juvenile Justice Board, Prayagraj, Sessions Trial No.43 of 2021 arising out of Case Crime No. 0463 of 2019 under Ss. 147, 148, 149, 323, 302 and 120-B I.P.C, Police Station George Town, District Prayagraj.

(3.) The Juvenile Justice Board, after determination of the age of the revisionist as 17 years, 6 months and 27 days, directed his preliminary assessment as per Sec. 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Before the Board, revisionist was asked seven questions and it was held that the revisionist was capable of understanding the consequences of the act of murder and other offences committed by him and he was sufficiently mature as per the report of D.P.O. He was found implicated in two earlier offences also and hence he was held liable to be tried as a adult by the Juvenile Justice Board by the order dtd. 4/12/2020. On appeal before the Children's court, revisionist was held accordingly and his appeal was dismissed by the order 30/11/2023 by Children's court. The Children's court has considered the report of psychologist on record but without considering its veracity.