Pradyuman murder case: If convicted, will this juvenile be set free in 3 years?

Mangalore Today News Network

New Delhi, Nov 09,2017 : The Pradyuman Thakur murder case has turned on its head in two months as the two probe teams nailed two separate suspects. The Haryana police arrested school bus conductor Ashok Kumar and presented him before camera "confessing" that he murdered the 7-year-old boy at the Ryan International Public School near Bhondsi in Gurgaon.

The CBI, after the case was handed over to it under intense media glare and mounting public pressure, revisited the evidence collected by the Haryana police, gathered fresh proof from the crime scene and carried out forensic examination of all the materials in possession. And, now, a class-XI juvenile is in custody on the charge of killing his junior from class-II on September 8.

Pradyuman’s family members and their lawyer have demanded that the juvenile be tried as an adult under the Juvenile Justice (Care and Protection of Children) Act, 2015.

THE NEW LAW

The Nirbhaya case had generated a sentiment against "lenient" conduct of the law towards juveniles, approaching 18, found to have committed heinous crimes. Justice JS Verma committee was constituted to examine the deficiencies in the existing criminal law system dealing with crimes committed by juveniles.

The JS Verma committee had rejected the demand for lowering the age of juveniles but called for reform in the existing juvenile justice system and recommended stricter punishment for certain crimes. However, the government, acting in tandem with popular sentiment, brought the the Juvenile Justice (Care and Protection of Children) Act, 2015.

Parliament gave its approval to the Juvenile Justice (Care and Protection of Children) Act, 2015 on December 22, 2015 in the aftermath of the 2012 Nirbhaya gangrape and murder case. This law provided the legal framework to try juveniles aged 16-18 as an adult if they are found to have committed heinous crimes.

WHAT THE LAW SAYS?

The 2015-Act has made distinction between petty, serious and heinous offences. Under the new law juvenile offenders who commit "heinous offences" between the ages of sixteen and eighteen may be treated as adults by putting them to trial under the criminal justice system.

However, the decision whether the minor committed a heinous crime as juvenile or an adult has be decided by the Juvenile Justice Board. If the board certifies that the minor, aged 16-18, committed the crime with mature mind and as an adult, he will be sent to adult courts.

The Juvenile Justice Board is required to assess the mental and physical capacity of a child to commit such offence, his ability to understand its consequences, and the circumstances in which the said offence was committed. The Board is expected to take its decision in this matter within a period of three months.

PRADYUMAN MURDER AND JUVENILE SUSPECT

According to CBI probe, the juvenile - arrested on the charge of killing Pradyuman - committed the crime with the motive to postpone a scheduled parent-teacher meet and got the ongoing exams cancelled.

The reports say that the juvenile had decided to commit a murder and waited for a victim. "Pradyuman happened to be at wrong place at wrong time", the CBI theory of the murder says. A Mail Today report quoted the classmates and neighbours of the juvenile saying that the suspect was "violent" in behaviour, "bully" and addicted to "pornography".

Reports also suggest that the juvenile was undergoing psychiatric treatment for his violent behaviour for past one year. After the CBI arrested the suspect juvenile, the family Pradyuman demanded "strict punishment" for the juvenile.

The final decision is to be taken by the Juvenile Justice Board in three months. If the board decides that the minor suspect is a juvenile, he may be tried by the Juvenile Justice Board and face a maximum punishment of three years.

But, if the Juvenile Justice Board, after observing the minor suspect for three months, concludes that the suspect had attained the maturity level of an adult, the accused will be tried in a regular court. In that case, the accused may be awarded life sentence or death by hanging, the maximum punishment for committing a murder under the IPC.


courtesy:India Today