AISHVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner through his father has preferred this revision petition aggrieved by order dated 15.06.2018 passed by Juvenile Justice Board, Dholpur whereby application filed by the petitioner under Sec. 12 of the Juvenile Justice Act was rejected and against order dated 27.06.2018 passed by Special Judge SC/ST

(2.) It is contended by counsel for the petitioner that Sec. 12 is mandatory and gravity of the offence is not to be looked into while deciding an application under Sec. 12 of the Juvenile Justice Care and Protection of Children Act, 2015. Petitioner has placed reliance on Anita KumariAnr. Vs. State of Rjajasthan reported in 2017(2) WLC (Raj.) 27

(3.) Counsel for complainant has opposed the revision petition. His contention is that petitioner was aged 17 years 08 months at the time of alleged offence and report has been submitted that petitioner was aware of the consequence of the act and proceedings against him are being carried out under Sec. 15 of the Act. It is also argued that the proviso to Sec. 12 would be attracted in this case as the prosectrix is a minor girl who is the special child having mild mental retardation.