Schoolboy''s death: Accused to be treated as adult, says court

Sumedha Sharma

Tribune News Service

Gurugram, May 21

Dismissing 'Prince' murder case accused's plea, local sessions court on Monday upheld Justice Juvenile Board's decision of trying the accused as an adult for murder of seven-year-old school mate. 

Besides, Additional Sessions Judge Jasbir Singh Kundu dismissed two other appeals filed by the accused's counsel challenging permission granted to CBI to take him into custody and procure fresh fingerprints.

It may be noted following CBI investigations and psychological analysis of the accused the JJB had on December 20 last held that the teenager would be tried as an adult and directed his production before the Gurugram Sessions Court.

The counsel for the a 16-year-old accused had challenged the JJB order, saying it was "bad in law" and passed without giving him proper opportunity to present his case.

"We will appeal against the decision of court in high court as we feel that the trial as adult is more under media pressure than by mandate of law," said accused's counsel Sandeep Aneja.

All parties concerned came to court in morning itself but it was late in the evening that sessions court dismissed all pleas. All eyes are now set on next hearing on July 4 when CBI  has been directed to file supplementary chargesheet which will throw light on finer details of investigation and is also expected to elaborate on the role of Gurugram police which has been in the line of fire for alleged botched up investigations of case and allegedly framing school conductor who now is key witness.

Seven-year-old 'Prince' was allegedly murdered by 'Bholu' in school bathroom for allegedly trying to defer exams and upcoming parent-teacher meeting.

The fact that one of the accused in the Delhi's Nirbhaya gang rape case was 17-year-old at the time of the incident and was sentenced to three years in a special home had caused a lot of public outrage. 

The outrage led to demand of juveniles accused of heinous crimes being treated as adults and new Justice Juvenile Act was passed in 2015.

The Juvenile Justice (Care and Protection of Children) Act, 2015

allows 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 the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.

Past cases 

April 4, 2016: The first case to be transferred from Juvenile Board to regular court was of a teen accused in the Mercedes hit-and-run case in Delhi. A business consultant in his 30s was killed in the accident. The juvenile walked free on bail within hours. The juvenile court then decided to treat him as an adult and shifted trial to local court. The boy challenged the juvenile justice board's order in a contending that he had not been properly assessed and late October the court allowed his plea, saying "a more detailed inquiry" was needed.

It was felt that the board had not adequately followed procedure while transferring the case.

August 17, 2016: A 17-year-old boy accused of raping a girl of the same age in Delhi was put up for trial as an adult as Juvenile Board has believed that the crime was "meticulously planned". This was first time a minor was tried as adult in a rape case. 

March 1, 2017: Two teenagers were sentenced to life imprisonment for the murder of a 16-year-old by a sessions court in Jhabua, Madhya Pradesh. The duo were treated and tried as adults under the amended Juvenile Justice Act as they had mercilessly stabbed the victim for a mere Rs 500.