In a Court on own motion, the Chief Justice ordered the transfer of a juvenile sexual offence case from the Banipur JJB in West Tripura (where the victim's statement was recorded by the same Magistrate) to the Khowai JJB to ensure impartiality.
The juvenile case transferred to the Juvenile Justice Board, Khowai District, Khowai, for trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TRP(CRL) NO.04/2017
BEFORE HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present:
Court on its own motion.
24.07.2017.
Seen the letter dated 11.07.2017 of the learned District & Sessions Judge, West Tripura, Agartala enclosing the application dated 04.07.2017 of Smt. Hena Begam, learned Civil Judge (Jr. Division)-cum-J.M. Ist Class, Agartala.
Apparently, the learned Magistrate had recorded the statement of the victim under Section 164(5) Cr.P.C. and that it would not be proper for her to take up the case pending before the Juvenile Justice Board, West Tripura, Agartala, which is presided over by her as Principal Magistrate.
There is force in the letter of the learned Principal Magistrate-cum-Judicial Magistrate 1st Class, Agartala.
Resultantly, the Juvenile case No.47 of 2016 under Sections 342/345(B) IPC and under Section 8 of the POCSO Act stands transferred to the file of Juvenile Justice Board, Khowai District, Khowai.
The Principal Magistrate, Juvenile Justice Board, West Tripura, Agartala shall transmit the file without unnecessary delay.
The petition is disposed of.
CHIEF JUSTICE
Pulak
TRP(CRL) NO.04/2017
Page 1 of 1
1 issue framed by the court
Whether a Juvenile Justice Board presided over by the Principal Magistrate should continue hearing a case where the victim statement was recorded by the same Magistrate in her capacity as Principal Ma
3 provisions across 3 enactments
State
Smt. Hena Begam
Mr. T. Vaiphei
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
