‘Heinous crime’: Mumbai court to try teen as adult in Pocso case

MUMBAI: A 17-year-old boy, accused of repeatedly gang-raping a seven-year-old girl along with several adult accused and threatening to do the same to her sister if she revealed the ordeal in 2020, will be tried as an adult after a sessions court held that crime was heinous and he was mature enough to understand consequences and nature of offence, reports Rebecca Samervel.
“Mental health report shows that CCL (Child in Conflict with Law) understands serious nature of allegations and also understands that it is wrong and the against law. Report shows that there was no evidence of mental incapacity to commit offence or psychological impotence,” the court said.
If minors between 16 and 18 commit a “heinous crime” they can be tried as adults.
If proceedings are conducted before the Juvenile Justice Board (JJB) the maximum penalty is three years in a reform home.
For the purpose of deciding if the teenager is to be tried as an adult or child, the court took into account the chargesheet, mental and physical health reports issued by medical officer and the report of the probation officer. The case was forwarded to the sessions court by the Principal Magistrate of Juvenile Justice Board, Dongri, observing that offence registered against the CCL is heinous in nature.
In its order, the sessions court also went through statement of the victim.
“Upon perusal of her entire statement, it appears that this CCL and major accused….have sexually assaulted the victim not only once, but this CCL and other accused were also giving threats to the victim that, in case she has not come when they called her, then they would commit a similar act with her sister,” the court said. It further pointed out that the girl had specifically stated that therefore, she used to go whenever the CCL and other accused used to call her. “The allegations of forcible sexual intercourse, unnatural sex, outraging modesty of the victim have been made against this CCL and other accused. The case is that of gang rape by this CCL and other accused. Nature of offence is heinous. Therefore, Juvenile Justice board after making preliminary assessment, sent the CCL to this court for trial,” the court said.
The boy’s lawyer submitted that he should be tried as a child. The lawyer submitted that that as per the probation officer’s report, there is much progress in his behaviour and he was participating in various programmes. “He had undergone counselling sessions, training, etc. The CCL is pursuing further education. According to him, taking into consideration progress in the CCL, he needs to be considered as 'child',” the defence lawyer submitted.