Rape of a minor by minors
After the infamous rape case of New Delhi which was named as ""Damini" case , in which the person responsible of the death of the hapless victim was found minor . .A lot uproar and candle march and sit - in dharna at India gate brought this event to the knowledge of the nation and world . Later it was revealed that the person , whose brutal act led the death of victim at Singa pore hospital. Agitated people demanded ""Death to the accused "" , and many personalities emotionally supported the public demand . but little knowing that Juvenile Act would become hurdle in implementation of their demand . Later ,when emotion were cooled ,by that time the fact of the minor came to the surface ,then the Chanels started debating the issue --whether the accused who is minor should be taken out from the ambit of the juvenile act ,by lowering the age to define the juvenile . But when the Police and some jurists pointed that even if the age is lowered on the public demand ,it can not be implemented retrospectively . Only then the uproar subsided . GOI Minister for social Justice Mam Tirath was first to point that every demand would be considered after the Report of Justice Varma committee report . Committee in their report did not recommended lowering the age of juvenile .
At that time two points came for heated discussion , one was minor in heinous crime and his liability ? And another was what should be the basis to decide the age of a person ? Because the sixth accused in Damini case was considered minor on the basis of school certificate , where by the principal of the school has confessed that it was just "word of mouth "" to write down the age of the accused .No supporting evidence was produced at that time -like birth certificate or the affidavit of the Mother who gave birth to the child . At that point of time it was debated that ultimate truth is the Mother's affidavit ,because she only is the authentic person about the birth hence the age .
It was also said by the state that under international treaty a minor can not commit the heinous crime . But according to the Indian Penal Code Rape is a such crime , which has a jail term from ten years to life imprisonment . While under J.Act the maximum punishment is Three Years in Borstal .
Now in Bhopal similar case come up , in which the victim and accused BOTH ARE MINORS . Now what the jurisprudence would say ,except that both the rapist have not committed a crime which should be considered Heinous . In this matter the girl aged Fourteen years was taken by two boys whoes age is as reported sixteen years , and they reside near by her house . She was kept by boys under lock and key for two days and continuously raped in turn by both the accused .Now it will be matter of great interest that how the police of Govindpura deals with the matter .
