Rape of Hyatt staff: Uttarakhand High Court stays JJB proceedings after accused reported to be of unsound mind

The Uttarakhand High Court recently stayed proceedings in a rape case against a minor, stated to be of unsound mind, before the Juvenile Justice Board (JJB), Dehradun [Juvenile X Through His Father Versus State Of Uttarakhand]..The order was passed by Justice Pankaj Purohit after hearing a revision petition challenging the JJB’s refusal to discharge the juvenile in accordance with Sections 328 (procedure in case of accused being lunatic) and 330 (release of person of unsound mind pending investigation or trial) of the Code of Criminal Procedure (CrPC)..The Court summoned the JJB records and listed the case for further hearing on April 16. “In the meantime, proceedings of the Inquiry No.73 of 2022 arising out of F.I.R. No.155 of 2022, pending with Juvenile Justice Board, Dehradun, shall remain stayed, till the next date of listing,” it ordered..The rape case was registered in 2022 at the Rajpur Police Station, alleging that the crime had taken place at the premises of Hotel Hyatt in Dehradun. According to reports, a 15-year-old boy was arrested for allegedly having raped a woman staffer at the hotel.Since the minor against whom the case was registered was stated to suffer from mental illnesses, a medical panel was constituted on the JJB’s orders to ascertain the condition of the boy and whether he can defend himself in the trial..The medical board declared that the accused boy was of “unsound mind” and had borderline mental disability and psychosis. Therefore, the medical board opined that he would not be able to defend himself.After discharge of the minor was sought in accordance with provisions of CrPC, the JJB denied the relief and instead ordered the production of the child in conflict with the law, for the framing of notice.This was challenged before High Court by the accused minor, through his father. The minor’s counsel Ravi Sharma contended that JJB ought not have proceeded to direct the production of the accused boy in view of the medical panel’s report that he was of an unsound mind. .The Court was told that in order to cater to unsoundness of the boy, the JJB had suggested that the statement of the child in conflict with law may be recorded in the presence of any parent of the child. However, the minor's counsel contended that the presence of a parent during the proceedings of the case can in no manner assist the minor or make him capable of defending himself..Considering the submissions, the Court admitted the revision and stayed the proceedings before the JJB..Advocates Ravi Sharma with Advocates Abhimanshu Dhyani, Sahil Modi and Anjani Kumar Rai represented the juvenile accused. Deputy Advocate General Deepak Bisht with Mamta Joshi represented the State..[Read Order]