SC dismisses minor victim's father plea challenging HC order in Gurugram murder
Jul 13, 2022
New Delhi [India], July 13 : The Supreme Court on Wednesday dismissed a plea filed by the minor victim's father who had challenged the Punjab and Haryana High Court order which has directed the Juvenile Justice Board (JJB) to decide afresh if the accused in the murder of a 7-year-old boy in Gurugram in 2017 will be treated as an adult or a minor during the trial.
"However, we have no hesitation in agreeing with the ultimate result of the High Court in remanding the matter for fresh consideration after rectifying the errors on lack of adequate opportunity, "a bench of Justices Dinesh Maheshwari and Vikram Nath said while upholding the Punjab & Haryana HC order.
The father of the 7-year-old boy and the Central Bureau of Investigation (CBI) has challenged the HC order dated November 11, 2018. Punjab and Haryana High Court have set aside Gurugram's JJB order dated December 20, 2017, and the Sessions Court order dated May 21, 2018, and was remanded to the Board for fresh consideration.
However, the top court left it to the discretion of the Board or the psychologist who may be consulted as to whether any fresh examination would be of any relevance/assistance or not.
The top court noted that the only assistance taken is to get the mental IQ of the child and beyond that, regarding the ability to understand the consequences and also the circumstances in which the alleged offence was committed, no report was called for from any psychologist.
"In view of the above, both the appeals are dismissed," the top Court said and also noted that the task of preliminary assessment under section 15 of the Act, 2015 is a
the delicate task with the requirement of expertise and has its own implications as regards trial of the case.
In this view of the matter, the Court observed that it appears expedient that appropriate and specific guidelines in this regard are put in place.
The Court left it open for the Central Government and the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights to consider issuing guidelines or directions in this regard which may assist and facilitate the Board in making the preliminary assessment under section 15 of the Act, 2015.
The seven-year-old was found dead inside the toilet of the Ryan International School, Gurugram, with his throat slit on September 8, 2017.
The CBI handed over the case. The CBI, in November 2017, dismissed the probe by the Gurugram police and gave a clean chit to the bus conductor arrested with the charges of murder and sexual assault in connection with the case, and arrested the juvenile in this case.
