Juvenile board frames charges against minor
1 March 2013 6:28 AM IST
Juvenile Justice Board on Thursday ordered framing of gang rape and murder charges against the minor accused who, with other five, was involved in the brutal gang rape and torture of a paramedical student on 16 December in a moving bus.
Finding prima facie evidence against the 17-year-old juvenile, Principal Magistrate Geetanjali Goel ordered framing of charges under various provisions of the IPC dealing with gang rape, murder, kidnapping, unnatural offences, attempt to murder, dacoity, destruction of evidence and conspiracy. The Board has now fixed the case for 6 March for recording of evidence.
In another case, the charges of robbery, wrongful confinement and destruction of evidence have also been framed against the juvenile of robbing a vegetable seller prior who had boarded the bus on the 16 December night before the gang rape victim and her friend boarded the bus.
The panel will commence recording of evidence in the robbery case from 12 March against the juvenile.
In both the cases, the minor claimed innocence and opted to contest the charges framed by the Juvenile Justice Board.
The police in its PIR (police investigation report, which is equivalent to charge sheet) filed earlier before the JJB slapped charges of gang rape, murder, unnatural sex, dacoity, criminal conspiracy and destruction of evidence among other offences under the Indian Penal Code against the minor.
The minor accused claimed to be 17 years of age which was contested by the police. Later school documents were accepted as proof of his age by the Juvenile Justice Board. If he is found guilty he faces a maximum of three years in a reform facility.
Accepting the date of birth as mentioned in his school records, the Board had ruled that the accused was 17 years, six months and 11 days old at the time of the crime. The records taken from his school in Badaun in Uttar Pradesh mentioned his date of birth as 4 June 1995.
Another five accused in the gang rape and murder case are being separately tried in a Saket fast track court in an in-camera proceeding.
The paramedical girl was brutally gang raped and tortured by the six accused persons in a moving bus. She was later admitted to a city hospital and was later flown to Singapore where she took her last breath. The brutal gang rape had witnessed nationwide protests against the incident and the government had announced various steps to make life safer for women.
The juvenile allegedly was the most brutal among the six accused.
Police officials had said that there has been lot of demand to reduce the age to be considered a juvenile offender to 16 years considering the brutality the minor had committed in the case. The family members of the victim wanted the minor to be given harshest punishment for his role in the crime.
Section 15 (g) of the Juvenile Justice (Care and Protection of Children) Act mandates that a juvenile aged between 16-18 years if convicted of any offence can be sentenced to be sent to a special home for a period of three years at the maximum, and, thereafter, be released on probation.
According to the present juvenile law, the minor could be free in a few months even if he gets the maximum three-year sentence. If he is held guilty after turning 18, he can’t be kept in a correction home.
But a juvenile who has turned 18 can’t be transferred to jail since the law does not allow those tried under the Juvenile Justice Act to be kept in a jail meant for adults.
Finding prima facie evidence against the 17-year-old juvenile, Principal Magistrate Geetanjali Goel ordered framing of charges under various provisions of the IPC dealing with gang rape, murder, kidnapping, unnatural offences, attempt to murder, dacoity, destruction of evidence and conspiracy. The Board has now fixed the case for 6 March for recording of evidence.
In another case, the charges of robbery, wrongful confinement and destruction of evidence have also been framed against the juvenile of robbing a vegetable seller prior who had boarded the bus on the 16 December night before the gang rape victim and her friend boarded the bus.
The panel will commence recording of evidence in the robbery case from 12 March against the juvenile.
In both the cases, the minor claimed innocence and opted to contest the charges framed by the Juvenile Justice Board.
The police in its PIR (police investigation report, which is equivalent to charge sheet) filed earlier before the JJB slapped charges of gang rape, murder, unnatural sex, dacoity, criminal conspiracy and destruction of evidence among other offences under the Indian Penal Code against the minor.
The minor accused claimed to be 17 years of age which was contested by the police. Later school documents were accepted as proof of his age by the Juvenile Justice Board. If he is found guilty he faces a maximum of three years in a reform facility.
Accepting the date of birth as mentioned in his school records, the Board had ruled that the accused was 17 years, six months and 11 days old at the time of the crime. The records taken from his school in Badaun in Uttar Pradesh mentioned his date of birth as 4 June 1995.
Another five accused in the gang rape and murder case are being separately tried in a Saket fast track court in an in-camera proceeding.
The paramedical girl was brutally gang raped and tortured by the six accused persons in a moving bus. She was later admitted to a city hospital and was later flown to Singapore where she took her last breath. The brutal gang rape had witnessed nationwide protests against the incident and the government had announced various steps to make life safer for women.
The juvenile allegedly was the most brutal among the six accused.
Police officials had said that there has been lot of demand to reduce the age to be considered a juvenile offender to 16 years considering the brutality the minor had committed in the case. The family members of the victim wanted the minor to be given harshest punishment for his role in the crime.
Section 15 (g) of the Juvenile Justice (Care and Protection of Children) Act mandates that a juvenile aged between 16-18 years if convicted of any offence can be sentenced to be sent to a special home for a period of three years at the maximum, and, thereafter, be released on probation.
According to the present juvenile law, the minor could be free in a few months even if he gets the maximum three-year sentence. If he is held guilty after turning 18, he can’t be kept in a correction home.
But a juvenile who has turned 18 can’t be transferred to jail since the law does not allow those tried under the Juvenile Justice Act to be kept in a jail meant for adults.
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