Gurugram school murder accused will be tried as an adult

A local court on Tuesday upheld the October 2017 order of the Juvenile Justice Board that the accused in the murder of a seven-year-old school boy in Gurugram should be tried as an adult

A local court on Tuesday upheld the October 2017 order of the Juvenile Justice Board that the accused in the murder of a seven-year-old school boy in Gurugram should be tried as an adult.

Gurugram school murder accused will be tried as an adult

Additional district and sessions judge Tarun Singal simultaneously also dismissed the appeal filed by the suspect’s father challenging the JJB order observing that there were no merits in it.

While upholding the JJB order, the court fixed December 22 as the next date of hearing for framing of charges against the suspect as an adult to set the trial in motion. The suspect may file the legal rights to file a revision petition before the high court against the Tuesday’s order.

The sessions court observed that the suspect was psychologically and physically competent enough to commit the offence and understand its consequences.

The body of the Class 2 student was found in the school washroom on September 8, 2017. The Haryana government had handed over the probe in the case to the Central Bureau of Investigation (CBI). The central agency apprehended a 16-year-old Class 11 student of the same school on November 7 as the prime accused.

The CBI claimed the student confessed to slitting the Class 2 student’s throat in the hope of postponing examinations and a parent-teacher meeting.

Under the Juvenile Justice Act, a juvenile can be sentenced to a maximum of three years in a reform facility when convicted of a crime. The sentence can be a lengthier jail term, barring life imprisonment and the death penalty, under the Indian Penal Code when tried as an adult. Until the age of 21, they stay in the correction home, as per a pertinent provision in the Act.

Sushil Tekriwal, counsel for the parents of the victim boy, said that the court also observed that the CBI charge sheet clearly indicated that the capabilities of the suspect doesn’t make him fall in the exceptional category to take advantage under the Juvenile Justice Act for facing trial as a minor, and not as an adult.

CBI prosecutor Amit Jindal had also opposed the suspect’s appeal and had prayed that the suspect may be tried as an adult in the “interest of justice”.

On July 13, 2022, the Supreme Court had ordered for a fresh evaluation of the suspect to decide that if he be tried as an adult or juvenile in the murder case.

After a fresh psychological and medical evaluation of the suspect, the JJB recommended on October 17 this year that the suspect should be tried as an adult in the case. Later, the father of the suspect, presently 21-year-old, filed an appeal before the sessions court challenging the JJB order.

Counsel Vishal Gupta, appearing for suspect in the case, denied to comment. “I am not authorised to speak to the media,” he said.