The Orissa High Court has set aside a POCSO conviction because the Children’s Court began an adult criminal trial without independently deciding whether that course was necessary under Section 19 of the Juvenile Justice Act.
In its September 30 judgment in CRLA 286/2020, Justice Sibo Sankar Mishra found that the Juvenile Justice Board’s transfer order had been followed by framing of charges, with no intervening determination by the Children’s Court.
The court explained that the Board’s preliminary assessment and the Children’s Court’s decision are separate safeguards. The latter must consider whether to try the child as an adult or conduct an inquiry under the juvenile framework.
The appellant was about 17 at the relevant time. The court treated the omitted assessment as a fundamental jurisdictional defect and set aside the conviction and sentence, acquitting him.
The decision rested on non-compliance with juvenile protections, rather than an assessment that the allegations were insignificant.