Magistrate, Juvenile Justice Board has followed the provisions of section 15 of the Act of 2015, which provides that in case heinous offence is alleged to have been committed by a child, who has completed or is above the age of 16 years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence and may pass an order in accordance with the provisions of Subsection (3) of Section 18. It was further provided in the said section that for such an assessment the Board may take the assistance of experienced psychologists and psycho social workers or other experts. But it appears that in the case at hand, he did not consider it necessary to seek assistance of any psychologist or psycho social workers or other experts to reach the opinion that the accused was able to understand the consequences of offence and the circumstance in which he committed the offence and holding him mature to that extent, he has opined that the case needed to be transferred to the Children's court for trial. Despite above opinion having been expressed by the Principal Magistrate, Juvenile Justice Board, the Board has taken up the bail application of the revsionist and has rejected the same vide order dated 4.10.2017 and against that judgment appeal was preferred by the accused-revisionist before the Additional Session Judge, Court No.1, Baghpat.
