2019 (4) AKR 662 ::AIROnline 2019 KAR 1602 ::(2020) 1 KCCR 649 ::(2020) 1 Kant LJ 317 ::(2019) 204 AllIndCas 664

Karnataka High Court

Hon'ble Judge(s): K. N. Phaneendra , J

Juvenile Justice (Care and Protection of Children) Act (2 of 2016) , S.15, S.18— Preliminary assessment - Jurisdiction of Sessions Court - Rape by juvenile - Order of Sessions Court that accused was above 16 years of age but below 18 years of age and has committed heinous offence - Without referring to provisions of Ss.15,18 - Erroneous - Power to ascertain and access total capacity of accused lies exclusively with Board - Sessions Court have no jurisdiction to pass order under S.15 regarding preliminary assessment of juvenile. (Para 5 6 10 11 13)