New Delhi [India]: In a case involving the rape and murder of a five-year-old girl, the Rohini District Court in Delhi has tried a minor as an adult and sentenced him to life imprisonment.
The court noted that, at the time of the offence, the accused was over 16 years old. This case was initially registered in 2017.
Special Judge (POCSO) Sushil Bala Dagar sentenced the Child in Conflict with Law (CCL) to life imprisonment and imposed a fine of Rs 10,000 for the offence of murder.
The court also awarded a sentence of 10 years and a fine of Rs 10,000 for raping the minor. Additionally, the court directed the District Legal Services Authority (DLSA) to pay compensation of Rs 17 lakh to the family of the deceased.
“At present, CCL ‘S’ is a young person aged about 25 years. Earlier, he used to work in a flour mill and after that, he started the work of shuttering under construction buildings.
CCL ‘S’ also knows to cook food, as he has worked in a restaurant where he used to cook Rajma-Chawal. This previous work experience of CCL shows that he is capable enough to do work during his sentence in jail,” the court said in the order passed on August 3.
The Special Public Prosecutor (SPP) for Delhi Police had sought the maximum punishment of a life sentence. He submitted that the act of committing rape and the death of a child aged about five years itself explains the psychology of CCL and shows that reformation of CCL is not possible and therefore he should be sentenced to maximum imprisonment.
The SSP further submitted that though the CCL has many privileges under the JJ Act 2015, which leans the opinion of the court towards leniency towards him, the gravity of the offence and severity of punishment cannot be ignored.
The SPP argued, “In the present case, the circumstances in which CCL committed rape and murder of just a five-year-old girl do not entitle him to any kind of benefit, as the law cannot enjoin the court to do injustice to anyone and to give undue favour to the other.”
It was alleged that on February 23, the Child in Conflict with Law (CCL ‘S’) sexually assaulted and killed a minor child aged about five years.
After the completion of the investigation, a Police Investigation Report (PIR) was filed with the Juvenile Justice Board (JJB). On May 5, 2017, the JJB decided that CCL ‘S’ was aged more than 16 years on the day of the incident and should be tried as an adult offender.
On June 5, 2017, the court concluded that CCL ‘S’ should be tried as an adult offender, and no infirmity in the order of the JJB.
The trial of CCL ‘S’ was subsequently completed by this court, being the children’s court, and in a judgment dated April 27, 2024, CCL ‘S’ was found in conflict with offenses punishable under sections 376(2) and 302 of the IPC, and Section 6 of the POCSO Act.