SC stays juvenile’s trial in Gurugram school murder

: 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 Tekriwal, 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 three-member board.

THE COURT ALSO ISSUED NOTICES TO THE ACCUSED AND THE CBI ON A PLEA FILED BY VICTIM’S FATHER