A Delhi court has upheld an order of the Juvenile Justice Board to try a child in conflict with the law (CCL) as an adult for allegedly murdering a couple in 2016.
Case over loan
The CCL had allegedly murdered the couple after entering their house on the pretext of taking a portion of it on rent. According to the prosecution, the CCL had shot the couple dead as they failed to repay a loan they had taken from the father of the child.
While sending the CCL to face trial in a sessions court, the Board also took note of robbery and vehicle theft cases pending against him. The psychologist report said that the child did not suffer from any psychiatric illness or intellectual disability.
‘Presuming innocence’
The Board in its order had said that “it is of the view that he was in no manner lacking in mental and physical capacity to commit the alleged offence in the instant matter. He had the ability to understand the consequences of what he was allegedly doing and conspiring for long. The circumstances under which he allegedly committed the offence are not mitigating in any manner. We are of the unanimous view that the instant case qua CCL should be sent up for trial to the children's court”.
In the appeal against the Board’s order, counsel for the appellant (CCL) argued that the Juvenile Justice Model Rules, 2016, specifically provides that while making the preliminary assessment under Section 15 of the Act, the child shall be presumed to be innocent unless proven otherwise but the Board completely ignored the principle while passing the order.
However, Additional Sessions Judge Sanjay Garg dismissed his argument saying: “No doubt, the presumption of innocence of the child has to be maintained but for assessing his ability to understand the consequences of the offence and circumstances in which he allegedly committed the offence, the allegations as per the case... has to be looked into.”
