2 molestation accused challenge board order declaring them adults in Chandigarh

Two accused in the alleged molestation case at the Chandigarh Lawn Tennis Association (CLTA) complex, Sector 10, Chandigarh, have challenged the order of Principal Magistrate, Juvenile Justice Board, Chandigarh, passed four years ago, declaring them as adults before the Punjab and Haryana High Court. Justice Shalini Singh Nagpal while issuing notices to the UT Chandigarh for July 15, has stayed passing of final order by the trial court.

Five trainees of the Chandigarh Academy of Rural Tennis that runs under the aegis of the Chandigarh Lawn Tennis Association (CLTA) had been booked for sexually harassing and stalking a fellow female trainee. The case was registered on August 17, 2019. The five had been booked under Sections 354 (sexual harassment), 354-A (making sexually coloured remarks), 354-D (stalking) and 506 (criminal intimidation) of the IPC, besides under Section 10 and 12 of the Protection of Children from Sexual Offences Act at the Sector 3 police station.

In the complaint, the girl’s father alleged that five trainees tried to outrage the modesty of his 15-year-old daughter and were sexually harassing and stalking her at the CLTA for three months. He said that his daughter joined the CLTA in March 2019 and the boys started stalking her and passing lewd remarks since then. He alleged that even when the girl tried to stay away from them, they continued the harassment.

Aman Pal, senior advocate, along with advocates Bharat Bhandari and Vinay Yadav, submitted that the petitioners along with three others were facing trial in an FIR dated August 17, 2019, During the trial, an application was moved by the complainant for correct assessment of age of the accused. Thereon, the Juvenile Justice Board initiated proceedings. Three accused were declared juveniles, the inquiry against them concluded and they were acquitted. The two remaining petitioners inter alia relied upon matriculate certificates.

The prosecution, on the other hand, relied upon the register of primary school of both petitioners, which were verified by the police and on that basis, the petitioners had been declared adults by the Juvenile Justice Board. In appeal, the order of the board was also affirmed by session court on December 6, 2022.