“Juveniles in this country are treated excessively leniently, and unfortunately, the Legislature has yet to learn any lessons from the Nirbhaya case’s horrors,” as noted in the judgment’s epilogue titled ‘About One More Nirbhaya’.the court stated
Madhya Pradesh: On Wednesday(11th Sept), the Madhya Pradesh High Court voiced frustration over the lenient treatment of juvenile offenders under Indian law, even in cases of severe crimes like rape.
Justice Subodh Abhyankar criticized the legislature for not enacting stricter laws for juvenile offenders, despite more than a decade having passed since the Nirbhaya gang rape in 2012.
The court remarked,
“Juveniles in this country are treated excessively leniently, and unfortunately, the Legislature has yet to learn any lessons from the Nirbhaya case’s horrors,” as noted in the judgment’s epilogue titled ‘About One More Nirbhaya’.
The Court also emphasized that constitutional courts in India have consistently called for stricter laws concerning juvenile offenders, yet the legislature has not acted on these recommendations.
The Court remarked,
“Despite numerous calls from constitutional courts for tougher juvenile justice measures, the legislature has failed to make any changes, much to the dismay of victims, even a decade after the 2012 Nirbhaya case.”
These comments were made while confirming the conviction of a juvenile for the rape of a 4-year-old.
In its judgment, the Court noted that the juvenile has been missing from the observation home since November 2019 and remains untraceable. Despite this, the Court reviewed and upheld the appeal filed by his father against the trial court’s conviction.
In December 2017, when the juvenile, the landlord’s son, went to the tenant’s house and coaxed the tenant’s 4-year-old daughter (the victim) to come with him. Shortly after, the victim’s cries were heard, and her mother discovered her unconscious on the bed with the juvenile standing nearby.
When questioned about the incident, the juvenile fled the scene. The victim’s mother examined her and found that she was bleeding from her private parts.
The trial court convicted the juvenile under Section 376(2)(i)(k) of the Indian Penal Code (IPC) and Sections 5(m)(i) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), sentencing him to 10 years of rigorous imprisonment for each offense. The court ruled that the juvenile would only be sent to prison after reaching the age of 21.
The juvenile then appealed to the High Court through his father. The High Court reviewed the medical report, which confirmed that the victim had sustained severe injuries and was brutally raped. Given the extent of the injuries and the juvenile’s fully developed sexual characteristics, the Court upheld the rape conviction.
In its epilogue, the Court emphasized that the victim’s medical report revealed the “demonic conduct and mindset” of the juvenile.
The Court expressed grave concern over the juvenile’s continued absconding from the observation home, fearing he might be hiding in the shadows, potentially seeking another victim.
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The Court stated,
“The overwhelming medical evidence clearly shows the demonic nature of the appellant’s actions as a juvenile. His mindset is further demonstrated by his escape from the observation home and his current status as a fugitive, possibly lurking to prey on others with no one to restrain him.”
The Court ordered that a copy of the judgment be sent to the Law Secretary, Department of Legal Affairs, Government of India, New Delhi.
