ASHISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard.

(2.) This is petition against the order passed by Juvenile Justice Board, Bhiwani whereby petitioner who was 17 years and 6 months of age at the time of commission of offence of murder of husband of complainant, was ordered to be tried as an adult by the Children Court. The order was affirmed by Sessions Judge, Bhiwani in appeal.

(3.) As per provisions of Section 15 of Juvenile Justice Act, if a heinous offence is alleged to be committed by a child, the Board after committing preliminary assessment with regard to the mental and physical capacity of the child, may pass order under the provisions of Sub Section 3 of Section 18 of Juvenile Justice (Care and Protection of Children) Act, 2015 ((later referred to as 'the Act'), which provides as follows:-