A Delhi court sentenced a 24-year-old to 10 years in prison for aggravated sexual assault against a seven-year-old in 2017, highlighting failures in the juvenile justice system. Judge Susheel Bala Dagar noted the lack of rehabilitative measures and emphasized the need for reforms that prioritize rehabilitation alongside punishment, urging the Delhi government to improve guidelines for juvenile cases tried as adults. A Rs 10.5 lakh compensation was awarded to the victim.
New Delhi: In a recent landmark ruling, a Delhi court sentenced a juvenile, now 24 years old, to 10 years of rigorous imprisonment for the aggravated sexual assault of a seven-year-old girl, an incident that took place in 2017. Additional Sessions Judge Susheel Bala Dagar delivered this sentence while voicing concerns about the “absolute chaos, confusion, and uncertainty regarding various roles” within the juvenile justice system, particularly in the rehabilitation of children in conflict with the law (CCL) tried as adults.
The court’s concerns surfaced during the sentencing phase for the convict, who was initially detained in 2017 at age 17 and recently convicted under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act. Judge Dagar underscored that while the offender had served 79 days in an observation home, essential rehabilitative protocols, such as the Individual Care Plan (ICP) and rehabilitation card, were notably absent. The Juvenile Justice (JJ) Act mandates these measures to ensure that reformation is prioritized alongside punishment.
“This demonstrates the failure of the Juvenile Justice (JJ) system and non-adherence to the legal provisions of the JJ Act and JJ Model Rules,” the judge remarked, stressing that these reports were not comprehensive rehabilitative products but rather perfunctory submissions.
Judge Dagar’s order noted that despite the lack of criminal antecedents, the offender “cannot be released at the present stage and requires reformation.” The court sentenced him to 10 years of rigorous imprisonment for sexual assault under POCSO and seven years for kidnapping, with sentences to run concurrently. A compensation of Rs 10.5 lakh was also awarded to the victim, with the court directing the Secretary of the Delhi government’s Women and Child Development Department to issue standing orders to clarify procedures and address recurring lapses in juvenile cases.
The case has brought to light significant gaps in the JJ system, especially in areas like probation oversight, procedural adherence, and the preparation of meaningful reformation plans. The court observed that no probation officer actively engaged in rehabilitating the offender post-release on bail, which underscored a systemic oversight that could impede future cases.
To address these shortcomings, the court emphasized the need for “deterrence as well as reformation” in juvenile sentencing, reiterating that prison should serve as a “correctional or improvement facility” to emphasize reformation over mere punishment.
Highlighting the rehabilitative focus of the JJ Act, Judge Dagar pointed out that sentencing for juveniles involves assessing reformation and rehabilitation needs, rather than automatically imposing the maximum penalty. The judge also noted that, under the JJ Act, a CCL tried as an adult could be released at 21 if reformed; however, in this instance, no correctional therapies, vocational courses, or educational programs had been implemented.
This ruling has underscored an urgent call for clear guidelines and a structured approach to juvenile rehabilitation in cases tried under adult criminal statutes. The court’s directive to the Delhi government reflects a broader push to strengthen the juvenile justice system, prioritizing both public safety and the potential for reformation, as mandated by law.
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