BHUBANESWAR: A POCSO Court on Tuesday termed the prime accused in Nayagarh minor murder and rape a minor (child in conflict with law) and directed his production before Juvenile Justice Board (JJB) in Nayagarh. The hearing came after the 17-year-old accused’s counsel filed a petition and submitted his birth and school certificates before the court to prove his age which was not objected by the prosecution. The POCSO court ordered the prosecution’s prayer to conduct narco test of the accused to be disposed off by the Juvenile Justice Board (JJB).
As per the Juvenile Justice (Care and Protection of Children) Act, the JJB will proceed with the inquiry to ascertain the age of the accused and accordingly, determine whether he will be tried in the Juvenile Justice Court or in a children’s court. Meanwhile, sources said the SIT is well within its rights to apprise the legal forum that the accused should be tried as an adult. “The JJ Act was amended in view of the Nirbhaya case and it is well settled that a child in conflict with law between the age of 16 years and 18 years shall be tried as an adult in the children’s court if he is involved in a heinous offence,” said a police officer.
As this is a case of rape and gruesome murder of a minor girl, the SIT may press for his trial as an adult under the appropriate provisions of the law.The minor was arrested by the SIT on December 20 last year and produced before the POCSO court in Nayagarh the next day.
During his three-day police remand between December 22 and 24, vital recoveries in connection with the case were made from him under Section 27 of the Indian Evidence Act. Meanwhile, the BJP Mahila Morcha launched padayatra across the State demanding justice for the five-year-old girl from Tuesday. While the padayatra will continue till January 12, the activists will organise sit in protests at the Collectors’ offices in all districts from January 12 to 15.