Neutral Citation No. - 2025:AHC:137852 Reserved on 15.7.2025 Delivered on 13.8.2025 Case :- CRIMINAL REVISION No. - 3823 of 2024 Revisionist :- Xxxx Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Muktesh Kumar Singh Counsel for Opposite Party :- Fuzail Ahmad Ansari Hon'ble Siddharth,J. 1. Heard Sri Muktesh Kumar Singh, learned counsel for the revisionist; learned A.G.A. for the State and perused the material on record. 2. The present criminal revision has been filed to set and aside the judgement and order dated 06.7.2024 passed by Children's Court/ Additional District and Sessions Judge/ Special Judge, POCSO Act, Jaunpur, in Criminal Appeal No. 59 of 2024 and order dated 11.1.2024 passed by the Juvenile Justice Board, Jaunpur, in Case Crime No. 108 of 2017, under Sections 376, 506 I.P.C. and Section 4 POCSO Act, Police Station Sureri, District Jaunpur. 3. In this case, Juvenile Justice Board has declared the revisionist as juvenile on the basis of questioning him about his ability to understand the consequences of his act, without taking any help of any experienced psychologists, psycho-social workers, or other experts and held that he has committed heinous offence and he was physically and mentally capable of understanding its consequences. 4. Order passed by Juvenile Justice Board has been affirmed by Children's court holding that it is not mandatory for the court to take assistance of psychologist or expert in every case. The Apex Court in the case of Barun Chandra Thakur Vs. Master Bholu and Another, 2022 SCC OnLine SC 870, has held that help of expert or psychologist is mandatory and not optional. 5. In view of the above, the aforesaid impugned orders are hereby set aside. 6. The above noted criminal revision is allowed. 7. Since the incident took place in the year 2017, it is not feasible now to get psychological test of the revisionist conducted as per Section 15 of Juvenile Justice (Care and Protection of Children) Act. Hence revisionist is directed to be tried as juvenile by the Juvenile Justice Board. Order Date :- 13.8.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad