The Court, however, failed to find merit in this argument and said that the child could be prosecuted for the offences, but only as per the provisions of the JJ Act.
“I am of the view that in the event of filing of final report by the investigating agency, after due investigation with a finding that the petitioner has committed the offence, the Juvenile Justice Board is obliged to inquire into as provided under the JJ Act. In that event, the interest of the child in conflict with law shall certainly be protected inasmuch as the process of inquiry is not to convict a child, but to reform and reintegrate it to the main stream of the society,” the Court said.
Consequently, the Court dismissed the petition but directed the police to complete the investigation within two months and cautioned them from harassing the accused child in any manner.
Source: Barandbench
