Boy’s murder in school: SC junks plea by juvenile challenging HC order for trying him as an adult

Advocate Sushil Tekriwal represented the victim’s family in the top court.

In the plea filed in the apex court, the juvenile had claimed the high court had “mechanically upheld” the orders of the JJB and the Children’s Court, which had dismissed his appeal, and ignored the inherent contradictions in the orders.

“On the one hand, the JJB records that the JCL (juvenile in conflict with law) had not faced any abuse or trauma at home, and that his family environment was good and healthy, however, (it) fails to consider that the entire case of the prosecution is based on the fact that the alleged offence was committed since the JCL wanted to get the PTM (parent-teacher meeting) postponed,” it said.

It claimed that the JJB’s finding that the juvenile had sufficient mental and physical capacity, on the mere fact that his mental or physical capacity was not compromised, was again nothing but a conclusion based on “conjecture and surmises”.

In July last year, the apex court had said the juvenile accused should be examined afresh to decide whether he be prosecuted as an adult or not for the alleged crime.

The top court had dismissed the appeal filed by the father of the deceased child challenging the October 11, 2018, order of the Punjab and Haryana High Court.

The high court had then set aside the orders of the JJB and the Children’s court, which said the juvenile, accused of killing the child, would be treated as an adult during the trial.

The victim’s body, with the throat slit, was found in the washroom of the school in Gurgaon. The CBI had alleged that the juvenile murdered the student on September 8, 2017, in a bid to get the examinations postponed and a scheduled parent-teacher meeting cancelled.