Accused boy clears Army recruitment tests, gets acquitted by Nalanda JJB

BIHARSHARIF: Nalanda Juvenile Justice Board (JJB) principal judge Manvendra Mishra on Wednesday absolved a minor accused of physical assault and racial abuse charges among others filed against him and his four adult relatives with the SC/ST police station in 2018, after he cleared physical and medical tests conducted for recruitment of jawans in the Indian Army at Gaya recently.
Additional public prosecutor (APP) Rajesh Pathak said, “Considering the performance of the juvenile at the Army recruitment rally and his good performance in Class X and Class XII examinations, principal judge Mishra, with the consent of its members, absolved him of all charges filed against him with the SC/ST police station in 2018. He said, “The judge also directed the Nalanda SP not to mention the case in the character certificate if issued by his office, after his final selection. The minor had passed both his matriculation and Class XII examinations from the Bihar School Examination Board in first division in 2018 and 2020 respectively.”
APP Pathak said while absolving the minor from all charges filed against him under SC/ST Act among others, the principal judge observed that it is natural for minors to join their parents when they see them fighting with others. He said the judge also cited the Supreme Court order in Sheela Barse versus Union of India and others when it observed... “As far as a child accused of an offence punishable with imprisonment of not more than 7 years is concerned we would regard a period of three months from the date of filing the complainant or lodging of FIR as the maximum time permissible for investigation and a period of six months from filing of the chargesheet is not done, the prosecution against the child would be liable to be quashed.”
Explaining the case he said a case of physical assault using lathis and iron rods, intimidation, racial abuses and those under SC/ST Act among others with SC/ST police station was lodged by one Prabha Devi against him and four others on 22.11.2018. He said the court of additional district judge-I referred the juvenile, then 17, to be tried at JJB in 2020. He said despite several reminders the investigating officer (IO) failed to submit a chargesheet against him while he submitted chargesheet against two of the four adult accused.