RAJ KUMAR TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision has been preferred on behalf of petitioner, namely, Raj Kumar Turi under Sec. 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dtd. 3/12/2022 passed by the learned Additional Sessions Judge-I-cum- Children's Court, Sahibganj in Criminal Appeal No.34 of 2022 whereby the criminal appeal has been dismissed and the order dtd. 17/8/2022 passed by the Juvenile Justice Board, Sahibganj in connection with Barhait P.S. Case No.16 of 2022 registered for the offence under Sec. 376 and 506 of the Indian Penal Code and under Sec. 6 of POCSO Act has been affirmed.

(2.) Heard Mrs. Jasvindar Mazumdar, the learned counsel for the petitioner, Mr. Satish Prasad, the learned APP for the State and perused the material on record.

(3.) From the perusal of the order passed by the learned JJ Board dtd. 17/8/2022 it is found that during assessment, a set of question was passed to the child in conflict with law by the Board and he had answered those question as per best of his knowledge and believe. He was found evasive in answering some questions. He also tried to screen himself as a minor so that he could not face the trial as an adult. The questionnaire is made part of the record. Thereafter, on the basis of the questionnaire, it transpired that the CCL was capable to understand the consequence of the offence and the circumstances in which he allegedly committed the offence. Therefore, the learned JJ Board reached to the conclusion that his trial should be conducted as an adult and the case was transferred for trial and disposal to Children Court's, Sahibganj under Sec. 18(3) of the Act.