The Madhya Pradesh High Court has expressed dismay over the lenient treatment of juvenile accused in India, even in cases of heinous crimes like rape. Justice Subodh Abhyankar criticised the legislature for failing to enact stricter laws against juvenile offenders, despite repeated calls from constitutional courts. The Court's observations came in a case where a juvenile was convicted of raping a 4-year-old girl.
The Court noted that the juvenile in the present case has been on the run from an observation home since November 2019 and is untraceable. Nevertheless, it heard the appeal filed by his father against his conviction by the trial court and upheld the same. The case arose in December 2017 when the juvenile, who was the son of a landlord, went to the house of the tenant and asked the 4-year-old daughter of the tenant to come with him. Soon thereafter, the cry of the victim was heard and her mother found her unconscious on the bed with the juvenile standing beside her.
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). The juvenile was sentenced to 10 years of rigorous imprisonment for each of the offenses. The trial court ordered that the juvenile must be sent to prison only after he attains the age of 21 years.
In its epilogue, the Court highlighted that the medical report of the victim clearly indicated the "demonic conduct and mindset" of the juvenile. The Court expressed extreme distress over the fact that the juvenile in the present case is absconding from the observation home and could be lurking in some dark corner of the street for yet another prey. The Court directed the copy of the order to be sent to the Law Secretary, Department of Legal Affairs, Government of India, New Delhi.
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