Meghalaya High Court Suspends Judgement In POCSO Case, Directs Trial Court To First Determine Juvenility Of Accused

The Meghalaya High Court, in a case under the Protection of Children from Sexual Offences (POCSO) Act, has emphasized the importance of correctly adjudicating a claim of juvenility. The court highlighted that determining the age of the accused at the time of the alleged offense is a critical first step, as it decides whether the case will be tried by a regular criminal court or the Juvenile Justice Board. The judgment stresses that any claim of being a juvenile must be promptly and properly investigated by the court, following the procedures laid down in the Juvenile Justice (Care and Protection of Children) Act. This includes relying on documentary evidence like birth certificates or school records as the primary proof of age. This focus ensures that individuals who were minors at the time of the offense are not wrongly subjected to the adult criminal justice system.