SC stays Gurugram school murder case proceedings

  • | Tuesday | 20th November, 2018

As per CBI, the accused committed the crime to get examinations and a parent-teacher meeting postponed. "The HC has passed a patently illegal, erroneous and absurd order by ignoring the statutory provision of Section 99 of the JJ Act which enshrines that all reports related to the child and considered by the committee or the Board shall be treated as confidential. NEW DELHI: The Supreme Court on Monday stayed proceedings against a child, accused of killing an eight-year-old Class II student inside a school toilet in Gurugram last year, and issued notice to him and CBI on a plea of the victim's father challenging the Punjab and Haryana high court's order directing the Juvenile Justice Board (JJB) to reconsider its decision favouring the culprit's trial as an adult.A bench of Justices R F Nariman and Navin Sinha said the HC verdict needs examination and directed status quo in the murder case. Challenging the HC verdict, advocate Sushil Tekriwal, appearing for Barun Kumar Thakur, alleged that the HC wrongly set aside the two concurrent findings of JJB and the sessions court which came to the conclusion that the accused being above 16 years of age be treated as an adult and tried in a normal criminal court.As per the Juvenile Justice Act, those between the ages of 16-18 can be tried as an adult in case of heinous crimes, after following a due process involving the JJB, as per a 2015 law. The Board had taken the assistance of social welfare officer and psychologist of a government hospital for assessment with regard to his mental and physical capacity to commit such offence and the HC should not have quashed the findings," the victim's father contended in his plea.The Punjab and Haryana high court had passed the order in view of the juvenile's submission that he was not given a copy of the social and psychological report, on the basis of which he was declared an adult, and that he was not given a chance to challenge the report.The Class II student was murdered on September 8 last year on the school campus.

NEW DELHI: The Supreme Court on Monday stayed proceedings against a child, accused of killing an eight-year-old Class II student inside a school toilet in Gurugram last year, and issued notice to him and CBI on a plea of the victim's father challenging the Punjab and Haryana high court's order directing the Juvenile Justice Board (JJB) to reconsider its decision favouring the culprit's trial as an adult.A bench of Justices R F Nariman and Navin Sinha said the HC verdict needs examination and directed status quo in the murder case. Challenging the HC verdict, advocate Sushil Tekriwal, appearing for Barun Kumar Thakur, alleged that the HC wrongly set aside the two concurrent findings of JJB and the sessions court which came to the conclusion that the accused being above 16 years of age be treated as an adult and tried in a normal criminal court.As per the Juvenile Justice Act, those between the ages of 16-18 can be tried as an adult in case of heinous crimes, after following a due process involving the JJB, as per a 2015 law."The HC has passed a patently illegal, erroneous and absurd order by ignoring the statutory provision of Section 99 of the JJ Act which enshrines that all reports related to the child and considered by the committee or the Board shall be treated as confidential. The Board had taken the assistance of social welfare officer and psychologist of a government hospital for assessment with regard to his mental and physical capacity to commit such offence and the HC should not have quashed the findings," the victim's father contended in his plea.The Punjab and Haryana high court had passed the order in view of the juvenile's submission that he was not given a copy of the social and psychological report, on the basis of which he was declared an adult, and that he was not given a chance to challenge the report.The Class II student was murdered on September 8 last year on the school campus. As per CBI, the accused committed the crime to get examinations and a parent-teacher meeting postponed.

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