DURGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Smt. Durga (date of birth 03.08.1998) has been convicted and sentenced as below vide judgment dated 12.12.2018 passed by the learned Sessions Judge, Pratapgarh, in Sessions Case No.115/2016: Offences Sentences Fine Fine Default sentences Under Section Life Imprisonment Rs.5,000/ Six Months 302 IPC additional simple Imprisonment Being aggrieved of her conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.

(2.) Since the child was arrainged for a heinous offence as defined under Section 2, the Juvenile Justice Board decided to hold an enquiry under Section 15 of the The Juvenile Justice (Care and protection of Children) Act, 2015 (hereinafter referred to as 'the Juvenile Justice Act') to consider whether the child should be tried as an adult. After the statements of two witnesses had been recorded in the purported inquiry under Section 15 of the Act of 2015, the learned Principal Magistrate, Juvenile Justice Board proceeded to pass an order dated 22.08.2016 observing that the child in conflict with law appeared to be posessed of the mental and physical capability to commit a henious offence and that she was in a position to understand the consequences of her act and accordingly directed that the child should be subjected to medical examination through a psychiatrist. The child was sent to the MBH Hospital, Udaipur wherein, she was admitted in the Psychiatry Ward. The Medical Board comprising of three Professors of which, one was from the psychiatry department, carried out the mental and physical assessment of the child and issued its report dated 30.08.2016 in the following terms:

(3.) The Principal Magistrate, upon receiving the record, proceeded to pass an order dated 05.09.2016 observing that as per the secret letter dated 29.08.2016 received from the Probation Social Welfare Officer, Social Justice and Empowerment Department, Pratapgarh., the child accused was feigning mental impairment after killing her husband whereas, the Medical Board's report indicated that she was physically and mentally able person. Based on this report of the Medical Board, the learned Principal Magistrate, Juvenile Justice Board vide the final order dated 05.09.2016 under Section 15 of the Juvenile Justice Act and directed that the case of the apellant, who was a child in need of care and protection above the age of 16 years on the date of incident, was transferred to the Court of Sessions, Pratapgarh for trial as an adult.