The defense counsel representing the accused in Sumbal minor’s alleged rape has prayed for the juvenility of the accused before the court of Principal District and Session Judge Bandipora on Saturday.
The application was moved by Advocate Shuaib Dewani andAdvocate Shafeeq Ahmad Bhat, representing the accused in the case, before thecourt of Principal District and Sessions Judge (Special Judge) Bandipora.
The case was listed today for the first hearing and thedefense counsel moved the application in terms of Juvenile Justice (Care andProtection of Children) Act 2013, Rules, 2014.
“Application in terms of section 8 read with rule 74 ofJuvenile Justice (Care and Protection of Children) Act 2013, Rules 2014 seekingdeclaration to the effect that accused is a juvenile,” reads the application.
The application further reads: “The aforementioned case issub-judice before this hon’ble court and is listed today on 01.06.2019. Challanhas been presented against the alleged accused under offenses 363, 342, 376-A,B RFC & 5M/6 POCSO Act and the charge sheet is yet to be framed against thealleged accused and the alleged accused is a juvenile as his Date of Birthrecorded in the school namely Islamic Educational Trust J&K, Branch TrigamSumbal, first attended by juvenile alleged accused is 23.07.2009, therefore atthe time of the alleged occurrence, age of the accused was 09 years 09 Monthsand 15 days.”
“Owing to aforementioned facts, an inquiry deserves to beinitiated in terms of the Juvenile Justice (Care and Protection of children)Act, 2013 and Rules, 2014 made thereunder for determining the age of thejuvenile at the time of the alleged occurrence,” it reads.
It also reads: “The applicant submits that his son, theaccused, is a juvenile and has been wrongly treated as major by theinvestigating agency, when the applicant even at the time of remand of thejuvenile/accused had raised the plea of juvenility and even at that time noinquiry whatsoever was conducted in determining the age of the accused. Theother points will be taken up at the time of arguments.”
The application reads that in these premises it is prayedthat the accused/juvenile may be declared as a juvenile in terms of JuvenileJustice (Care and Protection) Act and Rules made thereunder, and the same wouldbe in consonance of law and justice.
The court has directed the State to file a response if anyto the application moved by the defense counsel on June 07 when the case hasbeen listed for the next hearing.
An official said that the court will examine the schoolrecords after the state files the response to the application moved by thedefense for declaring the accused as a juvenile.
“If the accused does not have any school records then thecourt may direct for the constitution of the medical board which will determinethe actual age of the accused.
On May 08, a minor girl was allegedly raped by her neighborand the incident led to widespread protests across the Kashmir valley. Theprotesters clashed with the security forces in which one youth was killed inPattan area of north Kashmir.
On May 25, Jammu and Kashmir police filed an 87-page chargesheet against the accused in the court and the case was listed for firsthearing today.
The Jammu and Kashmir State Legal Services Authority hasalso released Rs 1 lakh as interim relief to the minor rape victim under VictimCompensation Scheme, 2013.