STATE OF SIKKIM Vs. CHILD MASTER A

JUDGEMENT

(1.) Learned District & Sessions Judge, South Sikkim at Namchi, has sent a letter bearing Memo No. 68/D&SJ/(S) dated 20.06.2019, wherein he has forwarded a certified copy of the Order dated 19.06.2019, passed by the learned Principal Magistrate, Juvenile Justice Board, South Sikkim at Namchi and the order dated 20.06.2019 passed by him in Juvenile Justice Board Case No. 05 of 2019 : State of Sikkim vs. Child Master, A., expressing the difficulty of the learned Principal Magistrate (J.J.B.) South Sikkim at Namchi to proceed with the matter.

(2.) Learned Judicial Magistrate in her Order has stated that she had recorded the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973 and her name has also been listed as one of the prosecution witnesses at serial no. 14. Therefore, it would not be proper and prudent for her to proceed with the inquiry against the child-in-conflict with law.

(3.) I have considered the order passed by the learned Principal Magistrate (J.J.B.) in Juvenile Justice Board Case No. 05 of 2019 and the grounds shown by her appears to be correct.