In a first order of its kind, the Juvenile Justice Board (JJB) has directed that a 17-year-old boy accused of raping a girl of the same age will be tried as an adult.
Rejecting the submission of the counsel for the boy that it was a consensual relationship between him and the girl, JJB Presiding Officer Arul Verma said that his crime was ‘meticulously planned’ and that there was not an iota of evidence that would lend credence to this assertion.
"The prosecutrix has taken a consistent stand with respect to the factum of rape by the CCL (child in conflict with law). The injuries on the body of the victim further substantiate this version," the board said and directed that the accused be produced there on August 23.
"A perusal of the records viz. statements of the victim also reveal that the CCL meticulously and in a planned manner, committed the alleged offence. From picking her from school on a bike, then taking her in a car, purchasing alcohol, going to a flat are the sequence of events ...," it added.
"This board under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, is of the considered view that there is a need for trial of the CCL as an adult and thus the trial of the present case is hereby transferred to the designated Children's Court having jurisdiction to try such offences," it further said.
This is the first order in a rape case since the amendment in the Juvenile Justice (Care and Protection of Children) Act, 2015, which allowed the Board to transfer cases of heinous offences by children to the sessions court.
As per section 2(33) of the Act, "heinous offences" include the offences for which minimum punishment under IPC or any other law for the time being in force is imprisonment for seven years or more.
Earlier, JJB had transferred to sessions court a murder case and Mercedes hit-and-run case allegedly involving minors for being tried as adults.
In her complaint, the girl had said she had initially not disclosed the incident to anyone as the accused had allegedly video-recorded the act and threatened her with dire consequences if she reported the matter.