SUNIL KUMAR @ GABBU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this case is for quashing of the Order dated 16.11.2018 passed by the Principal Magistrate Juvenile Justice Board Fatehabad, whereby, the Board had ordered, after the inquiry contemplated by Section 15 of the Juvenile Justice(Care and Protection of Children), Act, 2015 (fort short, 'the Act'), that the petitioner deserves to be tried as an adult, as provided in Section 18(3) of the Act as well as the Order dated 21.01.2019, whereby the appeal filed by the present petitioner has been dismissed.

(2.) The facts giving rise to the present petition are that FIR No.245, dated 28.07.2018 has been registered under Sections 364, 302, 201 and 34 of IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 at Police Station Bhuna; in which the petitioner alongwith some other persons, who are major by age; were arrayed as accused. Shorn off any details, the nut shell allegation against the accused was that they had abducted the son of the complainant. An informant had informed the complainant about the abduction; giving the name of the persons who had abducted him. Accordingly, FIR was got lodged qua abduction. However, subsequently the dead body of the son of the complainant was found in a canal. As a result Section 302 IPC was also added in this case.

(3.) The undisputed fact qua the petitioner is that he is of the age of more than 16 years. He was taken before the Juvenile Justice Board for proceedings against him. After conducting the inquiry, as prescribed in Section 15 of the Act, the Board passed the impugned order, whereby the Board ordered that the petitioner understood the consequences of the acts which were attributed to him, and that the petitioner was physically and mentally capable of doing the said act. Therefore, the petitioner be tried as an adult, as provided for under Section 18(3) of the Act.