BHANWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Complainant-Petitioner has preferred this revision petition aggrieved by order dated 02.12.2016 passed by Juvenile Justice Board, Sikar and against the order dated 05.05.2018 passed by Children Court/Special Judge, Protection of Children From Sexual Offences Act (Additional Sessions Judge No.2), Sikar whereby the appeal preferred by the complainant-petitioner was rejected.

(2.) It is contended by counsel for complainant-petitioner that the child in conflict with law was aged 17 years 10 months on the date of commission of offence i.e. 12.9.2015. It is contended that in view of Sec. 15 of Juvenile Justice (Care and Protection of Children) Act, 2015 preliminary assessment was required to be conducted as the child in conflict with law was above the age of 16 years and a heinous offence of murder was committed by him. It is contended that the Courts below have wrongly interpreted Sec. 25 of the Act in holding that the trial would continue with the Juvenile Justice Board and no assessment is required to be done under Sec. 15 of the Act.

(3.) Counsel for the child in conflict with law has opposed the revision petition. His contention is that the Juvenile Justice (Care and Protection of Children) Act, 2015 came into force on 15.1.2016 and since the offence was committed prior to the enforcement of this Act, the proceedings were required to be continued before the Board where the matter was pending. It is contended that the juvenile was produced before the Board on 2.9.2015 and was in juvenile home as per direction of the Board. It is also contended that the Act is not having retrospective effect and therefore, Sec. 15 of the Act would not come into play.