Mumbai Court: A 17-year-old boy accused of repeatedly gang-raping a seven-year-old girl along with several adult accused and threatening to do the same to his sister in 2020 will be tried as an adult. A sessions court in Mumbai held that the offense was heinous and that he was mature enough to understand the nature and consequences of the offence.
The court said that the mental health report shows that the CCL (Child in Conflict with Law) understands the serious nature of the allegations and also understands that it is wrong and against the law.
The report shows that there was no evidence of mental disability or psychological impotence to commit the offence. If minors between the ages of 16 and 18 commit a “heinous crime”, they can be tried as adults. If the proceedings are taken before the Juvenile Justice Board (JJB), the maximum punishment is three years in a reform home.
Used to threaten the victim
For the purpose of deciding whether the juvenile is to be tried as an adult or as a child, the court took into account the charge sheet issued by the medical officer, the mental and physical health report and the report of the probation officer. The matter was referred to the Sessions Court by the Principal Magistrate, Juvenile Justice Board, Dongri, considering that the offense registered against the minor is heinous in nature. The court said that after examining her entire statement, it appears that this minor and the main accused not only sexually assaulted the victim once but were also threatening the victim.
Court said the nature of the crime is heinous
They used to call the victim. They used to say that if she did not come, they would do the same thing with her sister. Therefore, whenever the minor and other accused called the victim, she used to go. The court said that charges of forcible intercourse, unnatural sex, insulting the victim have been leveled against this minor and other accused. The case is of gang rape by this minor and other accused. The nature of the crime is heinous. Therefore, the Juvenile Justice Board, after making a preliminary assessment, has sent the minor to this court for trial.
The defense counsel said in his argument
The boy’s lawyer submitted before the court that he should be tried as a child. Counsel submitted that as per the report of the Probation Officer, there has been a lot of progress in his behavior and he was participating in various programmes. The defense counsel said in his plea that he had taken counseling sessions, training etc. Kishore is getting further education. According to him, keeping in view the progress in adolescent, he should be treated as a ‘child’.
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