Juvenile Justice Board discharges boy of rape charge, citing he was less than 7 yrs old

THE Juvenile Justice Board (JJB) of Aligarh has ordered the discharge of a minor boy booked on rape charge last October last year, saying that his age was below seven years.

The boy was booked for allegedly raping a six-year-old girl of his neighbourhood.

“After the case was lodged, we moved the JJ Board and obtained interim bail of the boy. We then moved an application before the Board praying to acquit the boy on the ground that is below seven years of age… In the application, sections 82 and 83 of the IPC stating that boy has immature understanding were referred. Since the boy has no educational certificate to prove his age and is illiterate, so we requested the board to direct the Chief Medical Officer (CMO) of Aligarh to determine his age and submit its report,” said the boy’s lawyer.

The boy’s father works as a labourer.

While Section 82 of Indian Penal Code states that nothing is an offence that is done by a child under seven years of age, Section 83 deals with the act of a child above seven and under 12 of immature understanding.

“The CMO in its report stated that the boy’s age was six years and 11 months. Considering the age, the Board disposed of the case,” the lawyer said, adding that police had not filed a chargesheet in the case.

According to the local SHO, an FIR against the boy was lodged on October 12 by the girl’s father, also a labourer. The girl’s father had alleged that his daughter was playing outside the house and when she entered the neighbour’s house to get her ball, the boy caught her and sexually assaulted her.

On father’s complaint, the boy was booked for rape and under Protection of Children from Sexual Offences (POCSO) Act.