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Pvt school murder: Court sets calendar for expediting disposal of appeals

The hearings will be held from 2-4pm on February 28 and March 1,6 and 9

gurgaon Updated: Feb 17, 2018 23:01 IST
Leena Dhankhar
Leena Dhankhar
Hindustan Times
Gurgaon special children’s court,Gurgaon private school murder,Juvenile accused appreheded by CBI
The juvenile is accused of murdering a class 2 student on September 8, 2017 to defer an examination and a parent-teacher meeting.(Parveen Kumar/HT FILE)

The Gurgaon special children’s court on Saturday heard arguments on the application filed by the 16-year-old juvenile’s counsel in the private school murder case. The two-hour argument was on the preliminary assessment report, including the juvenile’s psychological assessment report and social background report. The hearing was, however, adjourned till February 28, as the court’s time was over.

The court also fixed a calendar for the hearing — February 28, March 1,6 and 9. The hearings will be held from 2 to 4 pm each day and all parties will conclude the arguments on the application filed by the juvenile accused’s counsel. The court has sought an expeditious disposal of all appeals.

The additional district and session judge, J S Kundu, said that until the supplementary charge sheet is filed by the CBI, he will not frame charges against the 16-year-old juvenile. Earlier, February 28 was fixed as the date for framing charges against the accused. However, it was postponed to Saturday after the arguments.

“ We argued on the point of preliminary assessment report passed by the juvenile justice board and told the court that the board has not followed the proper procedure as per the Juvenile Justice Act. Also, the board should have given the opportunity to us to cross examine the legal-cum-probation officer and medical experts before passing any preliminary assessment,” Tanveer Ahmed Mir, counsel for the juvenile accused, said.

A copy of documents related to the electronic evidence was supplied to the father of the accused, which included the details of his internet usage and the dates. He had also searched how to remove fingerprints from washroom toilets, the details revealed.

“The arguments were not concluded on Saturday, as the court’s time was over and the matter had been adjourned till the next date of hearing. Court has fixed four dates for concluding the argument on the other appeals. The CBI still have to supply the documents to us. The compliance with Section 207 of CrPc has yet to be ensured and hence the argument for fixing charges has been postponed,” Sandeep Aneja, another counsel representing the juvenile accused, said.

Read I Private school murder case: Gurgaon court adjourns hearing to Feb 17

The juvenile’s father also demanded that the preliminary assessment report, which was already given to them to access the same before sealing the documents in an envelope. With regard to the same, the judge said that the documents cannot be given.

Sushil Tekriwal, the counsel for the victim, said, “The findings of the Juvenile Justice Board (JJB) declaring the juvenile to be tried as an adult is based on strong scientific evidence and in accordance with the statutory provisions and hence the possibility of the same being misused is remote. The entire aspect of the case substantiating the same shall be appraised and contended before the court when our turn of rebuttal comes.”

On January 8, the special children’s court rejected the bail application of the accused. Counsel had earlier moved an application under Section 10(5) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 to seek his release on bail. The additional district and sessions judge ordered in-camera proceedings for all hearings in the case.

Meanwhile, the father of the victim said he is satisfied with the court’s proceedings and is hopeful of getting justice.

The juvenile is accused of murdering a class 2 student on September 8 to defer an examination and a parent-teacher meeting.

First Published: Feb 17, 2018 23:01 IST