Child rape case: HP High Court upholds adult trial for teen suspect
Photo used for indicative purpose only. Source internet
Shimla, Aug 7,
A 16-year-old boy accused of repeatedly raping a 7-year-old girl in 2021 can be tried as an adult, the Himachal Pradesh High Court has ruled. Justice Rakesh Kainthla’s single-judge bench upheld the Juvenile Justice Board’s (JJB) recommendation, stating the boy’s actions—such as threatening the victim and cleaning up evidence—showed he understood the consequences of his crime. The incident occurred in February 2021 when the young girl went to the boy’s house to play. She was later found with stomach pains and revealed the boy had taken her to a cowshed, raped her, and threatened her not to tell anyone. Medical examination confirmed the girl was 7 and the boy was 16 years and one month old at the time. The police charged the boy under the Protection of Children from Sexual Offences (POCSO) Act.
The JJB conducted a mental and psychological assessment of the boy, as is required under the Juvenile Justice Act. The boy’s IQ was measured at 92, which is in the average range, indicating he had the mental capacity to understand the nature and consequences of his actions.
The Board highlighted the boy’s calculated behaviour, including his repeated assaults and attempt to destroy evidence, as proof that he was aware of the wrongfulness of his acts. Consequently, the JJB recommended he be tried as an adult. The boy appealed the JJB’s ruling, arguing that the medical examination took too long and that the doctors did not have access to all case documents. However, the High Court dismissed these arguments, stating that procedural delays are acceptable in serious cases and that the doctors had sufficient information to make a valid assessment of the boy’s mental capacity.
Justice Kainthla’s order emphasized that rape requires “specific knowledge” and the boy’s behaviour clearly demonstrated such awareness. The court’s decision allows the boy to be tried in a special Children’s Court, where he will face the possibility of adult-level punishment if convicted. The court clarified that this ruling pertains only to the trial procedure and does not predetermine the final verdict.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
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