SC stays juvenile’s trial in Gurugram school murder

NEW DELHI/GURUGRAM : The Supreme Court on Monday put on hold the trial of the 16-yearold accused who allegedly murdered a 7-year-old boy inside the bathroom of a Gurugram school in September last year.

A bench led by justice Arun Mishra also issued notice to the accused, on a petition filed by the victim’s father, assailing the Punjab and Haryana High Court order that reversed concurrent findings of the subordinate courts, directing the boy to be treated as an adult for the criminal trial.

Allowing the petition of the accused, who challenged the lower court’s verdict, justice Daya Chaudhary had in October this year directed the Juvenile Justice Board to reconsider the matter afresh and give a finding on whether the accused should be tried as a juvenile or as an adult.

The court asked the board to consider evidences and contentions proposed by the accused in his petition.

But, in his petition before the top court, the victim boy’s father said the board followed the requisite procedure while coming to a final determination. It even took the assistance of a social welfare officer and a psychologist of a government officer for a preliminary assessment, though the same is not mandatory under the law, his petition said.

Filed by advocate Sushil Tek- riwal, the appeal by victim’s father says that the HC verdict virtually directs the board to conduct a trial in the case whereas preliminary assessment under the law is done by the board to assess the capacity of the child to commit and understand the consequences of the alleged offence.

The father said the sessions court had dismissed the accused’s appeal against the JJB order after its strict scrutiny.

Following the HC direction, the JJB had already started the process to assess the mental and psychological capabilities of juvenile in conflict with law. On November 14, the board had directed the head of psychiatry department of PGIMS Rohtak to constitute a t hree-member board, including a psychologist. The medical board has already been formed and juvenile was to be taken to PGIMS Rohtak for independent assessment.

Tekriwal said in view of the amended JJ Act, which says that any minor in the age group of 16-18 years can be treated as an adult in case of heinous offence, the board declared the accused, who was 16-plus years at the time of the incident, an adult in December.

The father of the juvenile accused had challenged the order and had alleged that they were not given the copy of the psychological and social investigation report, which are crucial in the case. He also said that they were not given an opportunity to cross-examine the report.