Gurugram: JJB orders juvenile accused of murdering 7-year-old to be tried as adult
The Juvenile Justice Board (JJB) had earlier directed that the juvenile should be tried as an adult. While the sessions court upheld the order in May 2018, the high court had set it aside after which the victim's father had approached the apex court.
Sticking to its earlier ruling, the Juvenile Justice Board (JJB) ordered on Monday that a youth who was 16 years old when he was accused of killing his seven-year-old schoolmate here in September 2017 shall be tried as an adult in the sensational case, according to the victim's lawyer.
The Supreme Court had in July this year upheld the October 11, 2018 order of the Punjab and Haryana High Court that the juvenile be examined afresh to ascertain whether he should be tried as an adult or not for the alleged crime that occurred at a private school in Gurugram.
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The JJB had earlier directed that the juvenile should be tried as an adult. While the sessions court upheld the order in May 2018, the high court had set it aside after which the victim's father had approached the apex court.
“Today Principal Magistrate Jatin Gujral of Juvenile Justice Board, Gurugram pronounced his verdict after a fresh re-assessment of the accused and directed that the accused shall be tried as an adult,” said Sushil Tekriwal, counsel for the victim.
“We welcome the JJB order and will continue to fight for justice for Prince. A strong and clear message must go that the law of land will prevail and such a crime should never be repeated. The law must be a deterrent,” he said.
Despite several attempts, nobody from the defence side could be contacted.
All parties have been informed of the fresh order of the JJB, sources said.
The board will provide a copy of the order to all the parties in a day or two. The accused will now be produced in the court of district and sessions judge on October 31.
The CBI had taken up the case from the district police on September 22, 2017 following a massive uproar over the gruesome killing.
The agency, in a charge sheet, had alleged that the accused, a Class 11 student at that time, had murdered the child in a bid to get the examinations postponed and a scheduled parent-teacher meeting cancelled.
The victim's body, with the throat slit, was found in the washroom of the school in the Bhondsi area here.
The counsel for the accused had challenged the JJB's earlier order in the sessions court, saying it was "bad in law" and passed without giving him a proper opportunity to present his case.
The court had barred the media from using the name of the juvenile accused in the case and asked it to use fictitious names instead.
While the seven-year-old victim was referred to as "Prince" by the court, the juvenile accused was called "Bholu" and the school was referred to as "Vidyalaya".
The probe agency had earlier given a clean chit to school bus conductor Ashok Kumar, who was arrested by the Gurugram Police, saying there was no evidence to prove his involvement in the crime.
After the matter was again referred to it, the Board heard all sides and on July 27 asked its empanelled psychiatrist to give an opinion on the matter. Later three psychiatrists from PGI Rohtak submitted the report.
Based on the report, the JJB committee had also interacted with the accused in private for a few hours.
Upholding the decision of the JJB, Additional Sessions Judge Jasbir Singh Kundu had earlier said the Bord had taken into consideration all materials placed before it to establish "the physical and mental capacity to commit the crime" and there was no need for any intervention.
"There is sufficient material to establish the physical and mental capacity to commit the crime and understand its consequences and hence the accused comes within the parameters of the newly amended Juvenile Justice Act," the court had said while dismissing three appeals filed by the accused student.
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