Juvenile Justice (Care & Protection of Children) Act, 2015–Secs. 15 & 19–Penal Code, 1860–Secs. 302, 363, 342 & 201–Protection of Children from Sexual Offences Act, 2012 –Sec. 6–Even before the result of the investigation was filed, the fact regarding the accused being a child in conflict with Law (CICL) was well known to the Investigating Officer, prosecution, and Trial Court as well–Even assuming that Sessions Court had been designated as a children’s Court, there was no option for the said Court but to forward the child to the concerned Board for further directions–There has been a flagrant violation of the mandatory requirement of Secs. 15 & 19 of J.J. Act–Neither was the charge sheet against the accused-appellant filed before the Board nor was any preliminary assessment conducted u/s. 15 so as to find out whether the accused-appellant was required to be tried as an adult–It was impermissible for the trial Court to have accepted the charge sheet and to have proceeded with the trial of accused–All the proceedings taken against the accused appellant are vitiated as being in total violation of the mandatory procedure prescribed under J.J. Act–It is not a fit case warranting de novo proceedings against the accused-appellant–Impugned judgment deserves to be quashed and set aside.
