GURUGAON: Barun Thakur, the father of Pradhyumn, the 7-year-old student who was murdered at Ryan International School, Bhondsi, on September 8, filed an application before the Gurgaon juvenile justice board (JJB) on Wednesday, for the juvenile apprehended by CBI as prime accused to be tried as adult.
In his application, Barun has written the crime committed by the Class XI student is "heinous, barbarous, diabolical, cold blooded and rarest of rare". At the time it was committed, the juvenile was above 16 years of age. As per amendment to the Juvenile Justice (Care and Protection of Children) Act, 2015, he should be treated as an adult.
"As per CBI, the manner in which Pradhyumn's throat was slit in the school's bathroom indicates the crime is chilling, horrific, monstrous and serious in nature," he wrote in his application.
Barun's counsel Sushil Tekriwal said the new legislation mandates that if any child — who has completed or is above 16 years of age — has committed a heinous crime, the JJB should conduct an assessment of his mental and physical capacity to commit such offence, ability to understand consequences of the offence, and circumstances in which he (juvenile) allegedly committed the crime. "The Class XI student was born on April 3, 2001, and was over 16 years of age at the time of the crime," said Tekriwal.
He said JJB could demand a variety of reports — social background report, social investigation report, physical and mental drug assessment report, preliminary assessment report — to find out if the accused had requisite mental and physical capacity to commit the crime, and was capable of understanding its consequences. This would help it effect a just and fair adjudication of the application. "The post-mortem report indicated the nature of injury was very serious and described the crime as heinous and gruesome," Tekriwal said.
The application also urged the case to be referred to a children's sessions court, as the court of the Judicial Magistrate 1st Class, where it is currently being tried, cannot award maximum punishment.
CBI apprehended the juvenile on November 7 and produced him before Judicial Magistrate 1st Class Devender Singh on November 8, from where he was sent to three-day police remand. Later, on November 11, the court sent him to an observation home till November 22.
Meanwhile, the juvenile's father filed an application before court on November 11, demanding appropriate action against CBI and its investigating officer, for violating court orders that refrained the agency from keeping the juvenile away from the correction home after 6pm.
The court has since issued a notice to CBI, asking it to submit a reply on November 22, when the juvenile will be produced before court. The court will also hear Barun Thakur's application the same day.
In his application, Barun has written the crime committed by the Class XI student is "heinous, barbarous, diabolical, cold blooded and rarest of rare". At the time it was committed, the juvenile was above 16 years of age. As per amendment to the Juvenile Justice (Care and Protection of Children) Act, 2015, he should be treated as an adult.
"As per CBI, the manner in which Pradhyumn's throat was slit in the school's bathroom indicates the crime is chilling, horrific, monstrous and serious in nature," he wrote in his application.
Barun's counsel Sushil Tekriwal said the new legislation mandates that if any child — who has completed or is above 16 years of age — has committed a heinous crime, the JJB should conduct an assessment of his mental and physical capacity to commit such offence, ability to understand consequences of the offence, and circumstances in which he (juvenile) allegedly committed the crime. "The Class XI student was born on April 3, 2001, and was over 16 years of age at the time of the crime," said Tekriwal.
He said JJB could demand a variety of reports — social background report, social investigation report, physical and mental drug assessment report, preliminary assessment report — to find out if the accused had requisite mental and physical capacity to commit the crime, and was capable of understanding its consequences. This would help it effect a just and fair adjudication of the application. "The post-mortem report indicated the nature of injury was very serious and described the crime as heinous and gruesome," Tekriwal said.
The application also urged the case to be referred to a children's sessions court, as the court of the Judicial Magistrate 1st Class, where it is currently being tried, cannot award maximum punishment.
CBI apprehended the juvenile on November 7 and produced him before Judicial Magistrate 1st Class Devender Singh on November 8, from where he was sent to three-day police remand. Later, on November 11, the court sent him to an observation home till November 22.
Meanwhile, the juvenile's father filed an application before court on November 11, demanding appropriate action against CBI and its investigating officer, for violating court orders that refrained the agency from keeping the juvenile away from the correction home after 6pm.
The court has since issued a notice to CBI, asking it to submit a reply on November 22, when the juvenile will be produced before court. The court will also hear Barun Thakur's application the same day.
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