HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1847 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. List has been revised. Heard learned counsel for the revisionist and learned AGA for State. This revision has been filed for assailing the judgment and order dated 23.07.2025 passed by Sessions Judge, Pilibhit in Criminal Appeal No. 24/2024 and order dated 01.03.2024 passed by Principal Judge, Juvenile Justice Board, Pilibhit, in Case No. 20 of 2024, arising out of case crime no. 1115 of 2016, under section 376, 511, 506 of I.P.C. and 7/8 of POCSO Act, and 3(1)11 of SC/ST Act, Police Station- Kotwali, District- Pilibhit. Learned counsel for the revisionist submits that the Juvenile Justice Board has made preliminary assessment of the revisionist under section 15 of the Juvenile Justice (Care and Protection of Children Act). On the basis of questions put to him and answers received by him without taking any assistance of the psychologies, social workers or other experts as per section 15(1) of the Act and has directed his trial as per section 18(3) of the Act. The appellate court has affirmed the order dated 01.03.2024 of the Juvenile Justice Board committing the same mistake. Learned counsel for the revisionist has submitted that as per the judgment of the Apex Court in the Case of Barun Chandra Thakur Vs. State of Master and Ors., reported in 2023 (2) RCR (Criminal) 686 the provision of Section 15 of the Act is mandatory and any violation of the same renders the preliminary assessment illegal. The word "may" used in the section shall be read as "shall" and "must". Versus Counsel for Revisionist(s) : Anamika Singh Counsel for Opposite Party(s) : Devesh Kumar Shukla, G.A. X Juvenile .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) In view of the above, judgment of the Apex Court, the orders passed by both the courts below, are hereby set aside. Since the date of incident was 03.09.2016 and preliminary assessment by the Board was made on 01.03.2024 which was after about 8 years, hence it was also not in accordance with section 14 of the Act. Therefore, the direction of preliminary assessment of the revisionist at this stage would not be in accordance with law. The revisionist is directed to be tried as juvenile by the Juvenile Justice Board in accordance with law. The revision is allowed. Since the photocopy of the trial court has only been sent to this Court, which need not to be returned. September 9, 2025 Abhishek CRLR No. 1847 of 2025 2 (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad