Juvenile claim rejected
Source: The Sangai Express
Imphal, May 29 2018:
A Noutuneshwari Devi, Special Judge, POCSO, Senapati, rejected a juvenile application filed by an individual accused ofrapingandmurderinga4year old minor girl yesterday and fixed June 5 for the charge hearing.
The application filed by the accused, R David s/o Ngounirang alias Charang of Maram Kavanam village through his counsel claiming to be a juvenile under section 7 A of the Juvenile Justice (Care and Protection of Children) Act 2000, stated that at the time of committing the crime, the accused was still a minor and further claimed that he was 17 years and 7 months of age during the incident.
As such he is a minor and under the law, individuals aged 18 years and below are to be tried by a Juvenile Justice Board, it added.
In support of the application, the counsel also submitted some documents and produced some witnesses and the hearing was held in connection with the application filed on May 21.On the other hand, during the hearing Special PP Koshia Mao submitted that the ossification test of the accused was conducted at the Department of Forensic Medicine RIMS Imphal and as per the report of the Medical Officer's, the age of the accused is above 20 years.
As such the accused/ applicant is not a juvenile, it mentioned and prayed the Court to reject the application of the accused.
After hearing the counsel of the accused and the Special PP, the Court kept the order reserved till yesterday.
During the hearing yesterday, the Court came to the conclusion that the accused petitioner was not a juvenile at the time of the crime and dismissed the application and fixed June 5 for the charge hearing.
It may be mentioned that on December 27 last year, Mao police got information that the accused R David had raped and murdered a four year minor old victim on December 25 (between 6.30 pm and 7 pm).
A suo moto case was registered by Mao police and the accused was arrested the same day and taken into custody.
Prima facie evidence was established against the accused and a trial for gross violation of child rights, not only rape but also for murdering the minor victim, was set up.
The charge sheet of the case was submitted before the Special Court POCSO Senapati after the completion of investigation by the IO of the case.