Process to try Prince murder accused as adult 'illegal': HC

Gurugram: The 'Prince' murder case, which went through numerous of twists and turns over the past year, witnessed another major decision on Thursday, as the Punjab and Haryana High Court stated that the process to try the accused schoolboy 'Bholu' as an adult was illegal.

The high court has now referred back the matter to the Juvenile Justice Board (JJB), after the petition was heard by Justice Daya Chaudhury.

Meanwhile, Prince's family on Thursday said that they will challenge the high court's decision in the Supreme Court.

Last year, on December 20, the JJB ordered that the accused Class XI boy, referred to as 'Bholu', should be tried as an adult.

The order was significant as it would have ensured that the boy, if convicted as an adult, will serve more than three-years in prison, the maximum term for juvenile criminals.

However, even if the boy were to be tried as an adult and found guilty, he will not be awarded an extreme punishment, such as life imprisonment or death penalty, as Section 21 of the Juvenile Justice Act prevents the law from doing so.

As per the new law, which was passed by the Parliament in January 2016, a juvenile, if convicted as an adult, can serve a maximum of 10 to 15 years behind bars

The shocking murder case of the Class II student known as 'Prince', whose body was found in the washroom of a private school in Gurugram's Bhondsi, has witnessed a series of tumultuous events.

Initially, the Gurugram Police had arrested a bus conductor Ashok Kumar, and claimed that he slit the throat of the Class II boy after he was unable sexually exploit him.

Not impressed by the police's claims, the family of the then seven-year-old persisted and demanded a probe by the Central Bureau of Investigation.

After sustained pressure, the Haryana government relented and allowed the CBI to take over the case.

Even after the CBI took over the case, controversy did not end and the legal team of Prince's father protested after the school was allowed to reopen.

Eventually, the police's theory was debunked as the CBI found Bholu, a student of the same private school, guilty of the murder. The boy had reportedly killed Prince so that the upcoming exams and a parent-teacher meeting could be postponed.

Bholu was arrested on November 8 last year and has since been in police custody.