Srinagar acid attack case | Prosecution seeks preliminary assessment of CCL to assess maturity level of juvenile

Srinagar: The prosecution has submitted an application before Juvenile Justice Board (JJB) Srinagar, seeking preliminary assessment of the Child in Conflict with Law (CCL) in Srinagar acid case to assess maturity level of juvenile.

Additional public prosecutor Zafar Iqbal Shaheen prayed before JJB that mandatory preliminary assessment of CCL under law may be conduct in acid attack case as the matter involves heinous offence.

On February 22, Police filed a charge sheet before the Court of Chief Judicial Magistrate (CJM) Srinagar against two persons accused in a recent acid attack case on a girl in Srinagar on February 1 this year. It also filed a separate challan against juvenile in the case before JJB Srinagar.

The Police has sought punishment for the accused on two counts under Sections 326-A (voluntary throwing acid to cause grievous injury) and, 120-B (criminal conspiracy) of the Indian Penal Code (IPC).

The APP submitted before JJB that the instant case is of such a nature where the provisions of the law for treating CCL as adult for trial can be squarely invoked in order to bring accused to justice.

“It is therefore prayed that directions may be passed to conduct preliminary assessment of CCL and after such assessment, case may be referred to Children’s Court for trial of CCL in the interests of justice, equity and good conscience,” he submitted before the Board.

He further submitted that CCL is 17-year old as per available records and he may be tried as an adult in Children’s Court after a preliminary assessment of the CCL. The Act for a case of CCL, provides that “who has committed heinous offence and is aged between 16-18 years at the time of occurrence.”

Confirming the filing of this application, APP Zafar Iqbal Shaheen said that under provisions of law, a preliminary assessment in case of heinous offences under section shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.

Advocate Mir Naveed Gul who has been appointed as free legal aid counsel for acid attack victim, said that where the Board after preliminary assessment, if the Board is satisfied, that there is a need for trial of the child as an adult then the board may order transfer of the trial of the case to the Children’s Court having jurisdiction to try such offences.

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