Mumbai: After six years in prison, accused found to be juvenile

The court also ordered that the teenager be sent before the Juvenile Justice Board. (Representational photo)

In a recent case before the Mumbai sessions court, it came to light that six years after an accused was lodged in prison, he was found to be a juvenile. While the court directed that the case be transferred to the Juvenile Justice Board, the boy remains lodged in an observation home for over a month.

On May 23, the sessions court gave its judgment in a kidnapping and murder case of a 12-year-old boy. The juvenile, who was apprehended in June 2012 in the case, along with four other adult accused, had faced trial as an adult and remained lodged in a prison meant for adults, in violation of the Juvenile Justice Act. The court, in its final order on May 23, said it was only at the arguments stage at the end of the trial that the juvenile, originally accused number 3, changed his advocate and claimed that he was a juvenile. The court then called for a report from the police. The juvenile submitted a copy of his School Leaving Certificate, showing his birth date as May 20, 1996.

The police along with a copy of the same certificate also submitted a copy of the school register, showing the same date of birth of the juvenile. “The period of the incident is during 27.05.2012 to 05.06.2012. If this period is considered prima facie from the date of 20.05.1996, the age of accused no 3 is 15 years, 11 months and 23 days,” the court said. The court then directed that the case be separated from that of the other accused. The court also ordered that the teenager be sent before the Juvenile Justice Board.

Under the then in effect Juvenile Justice Act, 2000, a juvenile, even if found guilty of the offence, would have been sent to a maximum three-year term in a reformation home. Child rights experts said while his rehabilitation remains in the ambit of the Juvenile Justice Act, having completed six years in an adult jail, the juvenile has already exceeded the maximum term possible. Over a month later, however, he continues to remain lodged in the Observation Home in Dongri, sources said.

According to the prosecution, a former employee of Rajesh Bhandage, a businessman, had conspired, along with others, to kidnap his son, Shree, for a ransom in 2012. The kidnapping was carried out by a current employee of Bhandage and Shree was handed over to the first accused. The prosecution claims that the 12-year-old was seen at the house of the juvenile, as per a neighbour’s evidence and that he could have been detained there after the kidnapping.