gurugram upholding the order of the juvenile justice board to try the youth accused of murdering a class 2 student on the campus of their school in september 2017 as an adult the district and sessions court rejected the defences arguments about shortcomings and contradictions in the procedure adopted by the jjb to determine the accuseds mental state as well as the conduct of the cbis investigating officer in the casein his ruling on tuesday a copy of which was released on wednesday additional sessions judge tarun singhal said he found no infirmity or illegality in the process adopted by the jjb the order clears the decks for the sessions court to frame charges and begin the trial in the casechallenging the jjb order of october 17 the accuseds father who is the petitioner argued that it failed to consider the social investigation report violated the principle of presumption of innocence put undue reliance on prosecutions case and failed to consider the statements of students teachers and neighbours in favour of the accusedin his 45page order additional sessions judge tarun singal said the court found no merit in the appeal filed against the jjb order the court finds no infirmity or illegality in the order of october 17 passed by jjb the detailed discussion reveals that the same has been passed within the parameters suggested by apex court in its judgment dated july 13 and suffers from no impropriety or illegality thus the appeal lacks merits and is dismissed the judge said in the orderafter hearing the parties taking into consideration detailed forensic report neuro psychological reports opinion of medical board from institute of mental health of pgims rohtak who carried out clinical assessment of the juvenile and after personally interacting with the juvenile jjb passed an order on october 17 holding that there was need of trial of juvenile as adult and sent the matter to sessions court the order went on to observe defence counsel vishal gupta argued in court the jjbs conclusion about the accused having sufficient mental and physical capacity to understand the consequences of the crime was based on conjecture and surmises jjb selectively relied on the medical report without reading the same in totality it picked up portions from the report without actually referring to or considering the scientific conclusions gupta told the courtjjb on one hand records that the juvenile had not faced any abuse or trauma at home and his family environment was good and healthy however it fails to consider that the entire case of the prosecution is based on the alleged offence being committed by the juvenile just to postpone parentteachers meeting gupta argued dismissing the arguments the judge observed that the jjb had made every possible effort to retrospectively determine the mental and physical capacity of the juvenile there is no violation of the principle of natural justice and fair play as adequate opportunity is already granted to parties the judge said in his order the facts on record