Whether the crime be considered or the accused age ?
In the aftermath of ""Damini"" rape case the issue of "Minor " age came for a larger than life debate , as to whether the real accused who was responsible for the death of Medical student "Nirbhya"" . In the investigation of police the fact of 'his 'being minor came to light . Which gave rise to the countrywide debate as to whether the crime should be considered for trial purposes or the age of the accused ? The NGO and human right activists pleaded that since the perpetrator was minor, he should be treated as such , this meant that the man responsible for Rape - Unnatural sex-and cruelty crime was going to be dealt not Under Indian Penal Code but Juvenile Act ! The logic given was the certificate of school leaving proves "him" minor . Now the issue is whether the "adult"crime can be commited by a minor ?
Logic of minor is not main tenable when the crime is such like murder-dacoity-rape , then how we should considered the age factor ? Because these crime are of the nature which are considered to be committed by Major persons.But the human right activists logic was that the minor can commit crime without considering the consequence ,hence the punishment and trial should not be like a major . But they overlooked the fact that these crimes are committed by adults ''normally '' . Logic was extended that if a Hungary child is accused of shop lifting of a bread or roti or some thing which can quench his hunger ,then it should be treated lightly not harshly . Even if we consider this logic then the hunger of brutal sex can not be a child's work ? Recently in Bhopal two sixteen year boys kidnapped a fourteen year girl , and they kept her in one room house and raped her for two days .According to the victim she was continuously for two days by both the minor boys . N ow the police is in dilemma because the accused and victim both are ''minor '' but can we accept it that minor boy of sixteen years of age behaving like a monster . Now in this light of facts we can say that it is the nature of crime committed should be taken into consideration and not the 'school leaving ''certificate , which is not supported by birth certificate . Now the police have to suggest the law makers of the country that they should amend the Indian Penal Code and insert a section which should deal with the cases of minors -whether as victim or as accused .
In the aftermath of ""Damini"" rape case the issue of "Minor " age came for a larger than life debate , as to whether the real accused who was responsible for the death of Medical student "Nirbhya"" . In the investigation of police the fact of 'his 'being minor came to light . Which gave rise to the countrywide debate as to whether the crime should be considered for trial purposes or the age of the accused ? The NGO and human right activists pleaded that since the perpetrator was minor, he should be treated as such , this meant that the man responsible for Rape - Unnatural sex-and cruelty crime was going to be dealt not Under Indian Penal Code but Juvenile Act ! The logic given was the certificate of school leaving proves "him" minor . Now the issue is whether the "adult"crime can be commited by a minor ?
Logic of minor is not main tenable when the crime is such like murder-dacoity-rape , then how we should considered the age factor ? Because these crime are of the nature which are considered to be committed by Major persons.But the human right activists logic was that the minor can commit crime without considering the consequence ,hence the punishment and trial should not be like a major . But they overlooked the fact that these crimes are committed by adults ''normally '' . Logic was extended that if a Hungary child is accused of shop lifting of a bread or roti or some thing which can quench his hunger ,then it should be treated lightly not harshly . Even if we consider this logic then the hunger of brutal sex can not be a child's work ? Recently in Bhopal two sixteen year boys kidnapped a fourteen year girl , and they kept her in one room house and raped her for two days .According to the victim she was continuously for two days by both the minor boys . N ow the police is in dilemma because the accused and victim both are ''minor '' but can we accept it that minor boy of sixteen years of age behaving like a monster . Now in this light of facts we can say that it is the nature of crime committed should be taken into consideration and not the 'school leaving ''certificate , which is not supported by birth certificate . Now the police have to suggest the law makers of the country that they should amend the Indian Penal Code and insert a section which should deal with the cases of minors -whether as victim or as accused .
