The Juvenile Justice Board (JJB) in Assam’s Hailakandi district ordered that a 17-year-old accused in the alleged rape and murder of a 16-year-old girl be tried as an adult.
“If we look at the brutality of the incident, as reported in newspapers and described in police statements, it was extreme. Hailakandi police, in a statement on Tuesday, said the principal magistrate of JJB passed the order after considering the heinous nature of the alleged crime, a psychological assessment report, a preliminary assessment report from Silchar Medical College and Hospital (SMCH), and an offence report submitted by the investigating officer. Such an act is difficult even to imagine being committed by a child.
A case was registered at Katlicherra police station under multiple sections of the Bharatiya Nyaya Sanhita (BNS), including section 65(1) (rape of a girl under the age of 16) and section 103(1) (murder), along with section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Sinha told HT in August that the police department approached the court for an adult trial. We welcome the court’s decision,” senior advocate Gautam Ghose said. “One of the accused in this case was a minor according to the police and we did not want anyone involved in this crime to escape punishment. We want equal accountability, and we thank the court for this decision,” a family member said.
A Special Investigation Team (SIT) was formed to investigate the matter. The Children’s Court determines whether the case should proceed as an adult trial. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child aged between 16 and 18 accused of a heinous offence may undergo a preliminary assessment to determine whether an adult trial is necessary, according to the lawyers.
“Considering the heinous nature of the crime, the psychological assessment report and the preliminary assessment report of the Silchar Medical College & Hospital and also the Offence Report submitted by the I/O of the case, the Principal Magistrate, Juvenile Justice Board, Hailakandi has passed an order the trial of the Child-in-Conflict with Law (CCL) will be conducted as an adult,” police said. The SSP said that a detailed chargesheet against five accused, including one juvenile, was submitted before the court in September after examining forensic and medico-legal evidence, witness statements, digital records and materials seized from the crime scene.
