6 Dec 2021 3:45 AM GMT
A Bihar court recently tried (inquired) and found a minor guilty, accused of sexually assaulting a 4-year-old girl within 24 hours while stressing upon the need to instil respect, good values (samskara) towards women in juveniles.While finding a 14-year-old minor guilty for committing offences under Section 377 (Unnatural Sex) of the Indian Penal Code and Section 4 of the Protection of...
A Bihar court recently tried (inquired) and found a minor guilty, accused of sexually assaulting a 4-year-old girl within 24 hours while stressing upon the need to instil respect, good values (samskara) towards women in juveniles.
While finding a 14-year-old minor guilty for committing offences under Section 377 (Unnatural Sex) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, the Principal Judge at the Nalanda Juvenile Justice Board (JJB), Manvendra Mishra & Usha Kumari (Member) said:
"In a country whose native culture is 'Yatra Naryastu Ramante Tatra Devata' which means where women are worshipped, the deities reside there. In a country where the tradition of worshipping a girl child has been going on since time immemorial, considering a girl child as the form of a goddess, where, to avenge the humiliation of a woman, Lord Rama went to another country to destroy Ravana. Where there is an ancient history of fighting a fierce battle like Mahabharata to avenge the humiliation (Cheerharan) caused to a woman...In that country, such animus behaviour (sexual assault on a four-year-old girl) is definitely a matter of concern for society, and to stop such behaviour and to develop good values, respect towards women, in adolescents, we have to bring awareness in our society"
Essentially, the Court was dealing with a case wherein a 4-year-old girl was sexually assaulted by a 14-year-old boy after she was lured by the boy with imli and chocolate.
"In the present case, the victim was taken to an empty room on a terrace by the Juvenile by taking advantage of the solitude in a planned manner and the door was closed and the offence was committed by her...The prosecution could establish the guilt beyond a reasonable doubt," the Court observed.
Speaking to Live Law, an advocate who witnessed the complete proceedings before the Court told that the Court conducted the trial/inquiry on 26th November (the proceedings started at around 11 AM) and pronounced the Judgment on November 27 at 10:30 AM sharp.
Significantly, during the case proceedings, the judge even ordered that the 4-year-old victim be brought to the court and face the accused and when it actually happened, the behavior of the girl changed suddenly, as she was terrified after seeing him (accused boy) and so she tightly held her mother's sari throughout and she hid behind her mother.
This convinced the judge about the guilt of the accused (corroborated by 5 witnesses and the medical report) and under these circumstances, noting that heinous offenses like unnatural sex, sexual assault were committed by the Juvenile against the law, the Court pronounced him guilty.
Taking into account the fact that at the time of the incident, the juvenile was physically and mentally sound and that he was fully aware of the nature and consequences of the offense committed by him, the Court pronounced the verdict and sentenced the boy to two 3-year terms, both to run concurrently, on the next day of the trial i.e., November 27.
Significantly, the Court also took into account the welfare of the Juvenile and has directed the authorities to ensure that he be given education while being in the correction home. The Court issued the following direction to the superintendent of special home:
"Make proper arrangements for regular counseling and education of the Juvenile during his stay. Inform the Juvenile Justice Council, Nalanda every six months about the changes coming in the behavior and behavior of the juvenile, so that the implementation of plans like aftercare in relation to relief, rehabilitation, protection, and preservation of the juvenile can be done properly."