In a case involving the rape and murder of a five-year-old girl, the Rohini District Court in Delhi has convicted a minor as an adult and sentenced him to life imprisonment. The court observed that the accused was over 16 years old at the time of the crime. The case, which was initially filed in 2017, resulted in Special Judge (POCSO) Sushil Bala Dagar handing down a life sentence and a Rs 10,000 fine for the murder. For the rape, the court imposed a 10-year prison term and an additional Rs 10,000 fine. Furthermore, the court instructed the District Legal Services Authority (DLSA) to provide Rs 17 lakh in compensation to the victim’s family.
“At present, CCL ‘S’ is a young person aged about 25 years. Earlier, he used to work in a flour mill and after that, he started the work of shuttering under construction buildings. CCL ‘S’ also knows to cook food, as he has worked in a restaurant where he used to cook rajma-chawal. This previous work experience of CCL shows that he is capable enough to do work during his sentence in jail,” the court said in the order passed on August 3.
The Special Public Prosecutor (SPP) representing the Delhi Police requested the harshest penalty, which is a life sentence. He argued that the rape and murder of a five-year-old child reveal the mindset of the Child in Conflict with Law (CCL), indicating that reform is unlikely. Therefore, he contended that the CCL should receive the maximum imprisonment. The SPP also acknowledged that while the CCL benefits from protections under the JJ Act 2015, which might suggest a more lenient approach, the seriousness of the crime and the need for a severe punishment cannot be overlooked. The SPP argued, “In the present case, the circumstances in which CCL committed rape and murder of just a five-year-old girl do not entitle him to any kind of benefit, as the law cannot enjoin the court to do injustice to anyone and to give undue favour to the other.”
It was claimed that on February 23, the Child in Conflict with Law (CCL ‘S’) sexually assaulted and murdered a five-year-old child. After the investigation concluded, a Police Investigation Report (PIR) was submitted to the Juvenile Justice Board (JJB). On May 5, 2017, the JJB determined that CCL ‘S’ was over 16 years old at the time of the crime and should be tried as an adult.
On June 5, 2017, the court ruled that CCL ‘S’ should be tried as an adult, finding no faults in the JJB’s decision. The trial, conducted by this court as the children’s court, concluded on April 27, 2024. CCL ‘S’ was found guilty of offenses punishable under sections 376(2) and 302 of the IPC, as well as Section 6 of the POCSO Act.
