Penal Code, 1860 (IPC) – Sections 376(i) and 342 – Protection of Children from Sexual Offences Act, 2012 – Sections 4, 5, 6, 7, 8 and 14(3)– The appeal involves a Child in Conflict with Law (CCL) challenging the High Court’s order which set aside the Juvenile Justice Board’s decision and directed the trial to be conducted by the Children’s Court – The core issue is whether the CCL should be tried as a juvenile by the Board or as an adult by the Children’s Court, based on the preliminary assessment reports – The CCL’s counsel argued against the practice of passing orders without detailed reasons, the legality of the orders passed by the Board, and the deprivation of the CCL’s right to appeal – The State’s counsel contended that the Children’s Court can reconsider the Board’s decision and that the time limit for preliminary assessment under the Act is not mandatory – The judgment discusses the relevant provisions of the Juvenile Justice Act, the mandatory or directory nature of the time period for preliminary assessment, and the exercise of revisional power by the High Court – The Court examines the procedural anomalies in the Act, the validity of the Board’s orders, and the remedy of appeal available to the appellant – The reasoning includes interpretation of the Act’s provisions, the role of the Board and the Children’s Court, and the application of the rules for preliminary assessment – The Court concludes with directions and reliefs based on the analysis of the arguments and legal provisions involved.


May 12, 2024

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By sclaw

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