A 12-year-old boy has raped his 9-month-old niece in Gorakhpur district of Uttar Pradesh. The girl was sleeping near her mother. At around 12 o’clock in the night, the minor picked up the girl, took her to the field, raped her and left her there. When morning came, the mother searched for her daughter but she was not with her. The family started investigating the entire village. Inquired. Nobody knew anything. The person who had committed this crime was silent, like a vicious criminal.
People were searching in the village, when about half a kilometer away from the house, a girl was seen lying unconscious and crying in a field. There was blood around him, serious and deep wound marks were visible on the body. He was immediately admitted to the hospital. The condition of the girl is still critical. The girl’s medical report shows that she was raped. Police examined the CCTV footage of the village, there are many clues which are against the minor.
Also read: Cyber crime cases crossed 1 lakh for the first time in the country, cases increased by 18% in a year
How did suspicion deepen on a minor?
When the minor was asked questions by his sister, he was giving vague answers. The needles of suspicion were pointing at him only. When the police became suspicious, they interrogated strictly. He had returned to his village a week ago. The minor burst into tears in front of the police and confessed to his crime. It was also told that he was under the influence of alcohol, hence he raped his niece.
The child was helping the family members in searching for the girl.
You can guess how cunning the 12 year old child was by the way that when his family members were searching, he was pretending to help them. The same boy who had raped the girl in the fields. He did not let his family members know that he had committed a crime. After confessing the crime, when the police started questioning, the information that came was difficult to believe.
Also read: 15 ‘Tvishas’ lose their lives every day, there are laws, there are courts, then how do the accused go free?
Raped in the field, left the girl there and ran away
The girl was found lying under a tin shed near a field in Gulriha police station area. There was blood all around him. The villagers had searched for the girl before the family. First the family took him to the Community Health Center, where due to excessive bleeding he was referred to the Medical College. When the police received information, the entire family was interrogated.
The statement was changing again and again like a vicious person.
The maternal uncle of the girl, i.e. a 12 year old minor, was changing his statements again and again. When the police insisted, he opened his mouth. He confessed that she was screaming at the time of rape and after seeing too much blood, he ran away from there. The minor lived in Chandigarh and had come from there to his sister’s house. He drank alcohol with his brother-in-law and kept watching porn videos at night. At 12 o’clock, he took his niece away, strangled her and raped her. After the rape, the niece came back there and slept in the house. The accused is addicted to alcohol and watches porn movies.
Also read: Chhattisgarh becomes hotspot of absconding prisoners: Most prisoners escaped, only 2 were caught
What can happen in this case?
Supreme Court advocate on record Vishal Arun Mishra said, ‘FIR will be registered. The case will be heard by the Juvenile Court only. Whatever his trial will be, it will be held in this court. On the basis of that, the court can send the minor to a juvenile home. The minor does not have the criminal awareness of his act, hence he needs correction, not punishment. Indian law, this is what it says.
What will happen if the child commits a crime?
Advocate Anjan Dutta said, ‘Section 34 of the POCSO Act says that if a child commits any crime under this law, then his trial should be according to the Juvenile Justice Act 2015. He will not be tried like an adult. In the case of a child, the case can be tried only in juvenile home, counseling or juvenile court.
Also read: Should the CM take charge himself or someone else become the Home Minister, when does crime reduce? understand from data
What if the question arises whether there is a child or not?
Advocate Anjan Dutta said, ‘If the question arises in the court whether this person is a child or not? The special court itself will decide his age. The court will look at the evidence, decide the age after school certificate, medical test and will also give reasons in writing.
What should happen?
Advocate Anjan Dutta said, ‘In this case, porn has allegedly been found in the child’s phone. It has also come to light that he drank alcohol while sitting with his brother-in-law, had the habit of watching porn and had raped his niece. He is aware of the crime he is committing, so his trial should be conducted like a major. There is a concept of ‘guilty mind’ in the law. If a person knows what crime he is committing then he should be considered guilty. In this case, the child had full knowledge of sex, rape and its consequences, hence his trial should be like a major. Unfortunately this will not happen.
Why can’t a child’s trial be like a major?
Supreme Court Advocate Vishal Arun Mishra said, ‘Despite being the ‘rarest of the rarest’ case decided by the Supreme Court, a 12-year-old child cannot be tried like an adult. Its biggest obstacle is Section 15 of the Juvenile Justice Act. This section says that in case of any heinous crime, only juveniles aged between 16 to 18 years can be tried in the court like a major. This is not a rule for a 12 year old child.
Advocate Vishal Arun Mishra said, ‘A 12 year old child will be considered as ‘child in conflict with law’. Such children get legal benefits. This matter will be dealt with only by the Juvenile Justice Board, where reform and rehabilitation do not go further. In the eyes of the law, children need correction, not punishment.
Also read: Should the CM take charge himself or someone else become the Home Minister, when does crime reduce? understand from data
Then how will justice be achieved?
Delhi High Court advocate Snigdha Tripathi said, ‘Sometimes justice does not mean punishment, but reform. This is what the Constitution and existing laws intend when it comes to crimes against children. This is also the point of sending a child to a juvenile home. In such crimes, only the Juvenile Justice Board will decide what should happen.
What can the Juvenile Board do?
Advocate Snigdha said, ‘Section 18 says that the board can send the child home after giving advice or warning. The board can conduct group counselling. Can send him for community service. The board can release the child on probation for up to 3 years. The child may be sent under the care of a parent, guardian or any other qualified person. If necessary, the child can be sent to a special home up to 3 years of age. Education, skill development, counseling and psychological help can be done.
Advocate Snigdha said, ‘If there is a danger to other children in the special home, then the child can be sent to a safer place. The board can send the person to a reformative school, to a training or therapy center, or to a drug-free program. Section 18 itself gives the Board the right that if the Board feels that the minor should be tried like an adult, then it can send the case to the Juvenile Court.
Also read: Punjab is at third place in terms of drugs, which states are in the top 2? data will scare
What can be the maximum punishment?
Advocate Snigdha Tripathi said, ‘According to Section 18 of the Juvenile Act, the Juvenile Justice Board, after investigation, will decide whether the child needs reformation and care instead of punishment or not. The Board will take decisions after investigating minor or serious offenses by children of any age and serious offenses by a child under 16 years of age. The court saw what was the intention of the minor at the time of the crime and what was his behavior. At present, if the child is only 12 years old then he will be sent to a juvenile home.
Comments are closed.