The Punjab High Court, in Bholu, ‘a juvenile in conflict with law’ v/s Central Bureau of Investigation(CRR-452-2023), delivered on 3rd May 2023, held that juvenile to be tried as an adult in a school murder case. The judgement was presided by Honorable Mr. Justice Anoop Chitkara.
FACTS OF THE CASE:
The Juvenile Justice Board passed an order which directed the child in conflict with the law to be treated as an adult. This order was challenged before the Sessions Court, which also affirmed the same. Further, this was challenged before the High Court. The father of the deceased and the CBI had approached the Honorable Supreme Court of India, in this regard. The apex court disagreed with the reasoning but upheld the final directions. The juvenile justice board held the view that the accused minor was in the mental as well as physical capacity to understand the circumstances and consequences of the situation. Later, the matter was sent to PGIMS, Rohtak as directed by the Honorable Supreme Court. The board concluded that no such test exists that can administer the mental capacity retrospectively.
The Court held that the findings revealed that the IQ of the minor was 92 and of average intelligence functioning. This was supported by the clinic assessment report which proved that there was no evidence of physical, metal or intellectual impairment. The child had completed 16 years during the commission of the crime. It was held that the order is absolutely in tune with directions passed by the Supreme Court.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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