The Himachal Pradesh High Court has upheld the Juvenile Justice Board’s decision to try a 16-year-old as an adult for allegedly raping a 7-year-old girl.
A medical board assessed the boy’s IQ at 92 and found he understood the nature and consequences of his actions, including threatening the victim.
The court decided that the Juvenile Justice Act's three-month preliminary assessment period delays are directory rather than mandatory, which means the assessment is still valid.
Thus, the referral to the Children's Court by the Juvenile Justice Board is valid.
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