KXXX Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge is to the order passed by the Juvenile Justice Board (for short 'the Board') dated 13.06.2019, affirmed in revision by the learned Additional Sessions Judge, Kaithal.

(2.) The petitioner is one of the accused in the case of murder of one Sandeep son of Balwant Singh along with four other accused. FIR No. 102 was registered at Police Station City Kaithal on 15.02.2018. As per the observations made by learned Additional Sessions Judge, petitioner was formally employed at a liquor vend from where the said Sandeep (deceased) etc. used to collect cash representing sale proceeds of the day. It is the petitioner who is alleged to have arranged for country made pistol and ammunition, which at the time of arrest, were allegedly recovered from him. Alleged part of the looted cash was also recovered from the petitioner. As per case of the prosecution, the petitioner is said to have planned and committed the offence. The petitioner was, at the time of commission of offence, more than 16 years of age. The Board has ordered that petitioner be tried as an accused in terms of Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act') along with other accused.

(3.) Initially, the Board carried out a preliminary inquiry and passed order dated 07.06.2018 holding that juvenile in conflict with law, on the date of occurrence, was able to understand the nature and consequences of the offences alleged to have been committed by him, so he be committed to Children's Court at Kaithal. However, in appeal, learned Additional Sessions Judge, Kaithal, set aside the order after noticing inherent anomaly. The Board once again passed a fresh order on 03.08.2018 sending the case to the Court of sessions for assigning the same to the Children's Court. Appeal filed by the petitioner was dismissed by the learned Additional Sessions Judge, Kaithal vide order dated 21.08.2018. However, in revision, the orders were set aside and the Board was directed to follow the procedure as prescribed under the Act and the model Rules and pass a fresh order within one month. Concluding part of the order passed on 03.08.2018 is extracted as under: