Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act.

“Though at the stage of charge the court is not required to pass detailed order. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh Kumar Sharma said.

The court made the observation while deciding a plea moved by a woman challenging a trial court order passed on July 06, 2022, framing charges against her for the offences under Section 307 and 325 of Indian Penal Code and Section 75 of the Juvenile Justice Act.

Advocate Rakesh Malhotra appearing for the accused told court that the chargesheet was filed under Section 325, 506 and 34 of IPC and Section 75 of Juvenile Justice Act.

He submitted that the impugned order was apparently wrong on the face of it as the trial court had based its opinion on the basis of the statement recorded under Section 164 Cr.P.C. of the mother of the minor child, whereas no such statement was on the record. It was also contended that even the FSL report was not filed.

The prosecution submitted that there was no statement recorded under Section 164 Cr.P.C. of the child’s mother.

Setting aside the impugned order, the court said, “It is also a settled provision that merely because the accused persons are conceded, the charges cannot be framed. Learned Trial Court is duty bound to evaluate the material on record and reach to a conclusion for the framing of the charge.”

Justice Sharma remanded the matter back to the trial court for hearing the argument afresh on the question of framing of charge and to decide the same in accordance with law.

Title: SUMAIYA JAN @ SOUMAYYA v. STATE NCT OF DELHI

Citation: 2023 LiveLaw (Del) 711

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