Though the accused had tried to rape an 11-year-old girl and plotted the murder of Haji Abdul Jabbar Shaikh, 33, after he was reprimanded, he can be charged only under the Juvenile Justice (Care and Protection) Act and is likely to get off lightly. His school-leaving certificate gives his date of birth as May 25, 1995.
"The accused's family submitted his school-leaving certificate which showed his date of birth as May 25, 1995, which makes him 17 years and 10 months old," said inspector Manoj Nerlekar.
A juvenile justice board had sent the minor accused to a remand home in Bhiwandi.
The case has again stirred the debate on whether the Juvenile Justice (Care and Protection) Act, which gives absolute immunity to juveniles accused of crimes, is too lenient.
Advocate Uday Warunjikar, who practices in Bombay high court, said it was time for a relook. "The idea behind the juvenile law was that a child who commits a crime is not in a position to comprehend the consequences of his action. However, in the last decade or so, the age of mental maturity has come down.
"A review of the law should take into account the level of maturity and the gravity of the offence. Exceptions should be carved out, especially with regard to crimes like rape and murder,'' said Warunjikar.
Two PILs filed following the Nirbhaya case had challenged provisions of the law. They claimed treating all offenders below 18 as juvenile was "arbitrary" as it did not take into account the gravity of the offence and was, thus, unfair to the victims. Weighing in on the issue, Chief Justice of India Altamas Kabir had on Sunday said the media should wait for the trial in a case to be concluded. "One incident shouldn't be allowed to tarnish views on all children and good sense should be allowed to prevail," added Kabir.
Advocate Yug Chaudhry said since the special law was enacted a decade ago, it has fulfilled its objective of rehabilitating and reforming juvenile accused. "Statistics show that re-offending rates in serious crimes of juvenile accused is very low and many have been successfully rehabilitated," said Chaudhry, who has handled cases in the Bombay high court involving juvenile accused.
"The law ensures that a juvenile accused is not criminalized and is kept out of the criminal system. Putting them in jails with hardcore criminals will only lead to them being sucked into their world and a greater chance of them turning into criminals."
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