Murder case against teen transferred to designated court

TIRUNELVELI The Juvenile Justice Board here has transferred a case of murder to a Designated Court, in which a child in conflict with law will be treated as an adult and not as a juvenile, for committing a heinous offence. 

Consequently, the offender can be awarded maximum punishment up to life imprisonment whereas the minor offender can be awarded punishment up to only 3 years by the Juvenile Justice Board.

When the juvenile in this case wore a ‘caste thread’ in green and red colour to indicate his caste, a heated argument ensued between him and Selva Surya, a caste Hindu student of the Government Higher Secondary School, Pallakkaal Pothukkudi. In the physical altercation that followed, Selva was attacked with a stone, following which he died in hospital later. Subsequently, the Paapaakudi police arrested three teens, also students of the school, in connection with the murder.

As per the Juvenile Justice Act, the trial against the minor offenders below the age of 18 years will be held only in the Juvenile Justice Board where children in conflict with law would be awarded imprisonment up to only 3 years. However, the recent amendments made in the Act pave way for the trial against the minor offenders involved in heinous crimes to be transferred to a designated higher judiciary if they are considered as ‘adults’.

Transfer of the case from Juvenile Justice Board to the Designated Court is possible only when the police is able to get three reports from competent authorities to prove that the offender was an ‘adult’. Based on the three reports – social background report by the Child Welfare Police Officer, social investigation report by Probationary Officer and psychological report by a clinical psychologist / medical officer – recognising the offender as ‘adult’, the trial of the case can be referred to a Judicial Magistrate Court from the Juvenile Justice Board.

In the Pallakkaal Pothukkudi school murder, one of the 3 minors, is above 16 years so that the trial against him has been transferred from the Juvenile Justice Board to a designated court on obtaining these reports from competent authorities. In this particular case, the Juvenile Justice Board has transferred the case to the designated court where the trial will be conducted against one of the three accused.

“Since we’ve obtained these three reports from the officers concerned, there is no need for trial of the child in conflict with law in the Juvenile Justice Board as he is an adult. The case has been transferred to the designated court,” said Inspector General of Police, South Zone, Asra Garg, who and his team including Superintendent of Police, Tirunelveli, P. Saravanan, worked to get it transferred to the designated court.

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Printable version | Jul 22, 2022 10:40:07 am |