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Hindustan Times
09-08-2025
- Hindustan Times
Teen accused of raping 7-yr-old girl to be tried as adult: Himachal HC
The Himachal high court has ruled that a 16-year-old boy accused of raping a seven-year-old girl multiple times in 2021 could be tried as an adult, saying the accused's actions, including threatening the survivor and cleaning up evidence, showed that he 'understood the consequences of his crime'. The Himachal high court has ruled that a 16-year-old boy accused of raping a seven-year-old girl multiple times in 2021 could be tried as an adult, saying the accused's actions, including threatening the survivor and cleaning up evidence, showed that he 'understood the consequences of his crime'. (Shutterstock/ Representational image) A bench of justice Rakesh Kainthla upheld the Juvenile Justice Board's (JJB) 2024 recommendation that the accused be tried as an adult following a preliminary assessment conducted by the medical board. The assessment, conducted in accordance with Section 15 of the Juvenile Justice Care and Protection of Children Act, 2015, found that the accused had an IQ of 92 and was fully aware of the consequences of his acts. 'The conduct of the petitioner (juvenile) of repeatedly raping the victim, cleaning the blood and threatening her not to reveal the incident to any person, showed that the petitioner was aware of the consequences of his act,' the high court said in its order delivered on July 28, made available on August 7. 'Hence, the findings recorded by the JJB cannot be said to be bad. These findings are sustainable based on the material on record.' The teenager is accused of raping the girl multiple times when she visited his house on February 12, 2021. The girl, in her submission, alleged the accused took her to a cowshed where he raped her and then to his house where she was raped again. The boy was charged under section 376 of the Indian Penal Code (IPC) and the Section 4 of Protection of children from sexual offences (Pocso) Act. The JJB, in June 2024 , ordered the medical board to conduct a preliminary assessment. Based on the board's assessment, JJB referred the case to the children's court for the accused to be tried as an adult. 'The nature of the offence suggested that the petitioner knew the consequences of his act. The statement of the victim showed that the offence was committed in a calculated manner, and the petitioner had sufficient mental and physical capacity to commit the crime. Therefore, the matter was submitted to the children's court for trying the petitioner as an adult,' JJB said in its June 2024 ruling. The accused moved the high court challenging the ruling, asserting that the preliminary assessment was not concluded within three months as provided under Section 14(3) of the JJ Act. The high court, however, dismissed these arguments, saying 'the time period of three months is directory and not mandatory, and the submission that the proceedings are vitiated due to non-completion of the inquiry within three months vitiated the inquiry cannot be accepted.'
Time of India
22-05-2025
- Time of India
Rape charge not valid without proof of refusal to marry in long-term physical relationship: High court
Shimla: The Himachal Pradesh high court has ruled that the trial court cannot frame charges of rape against the male partner if the woman has failed to make clear allegations that the male partner refused to marry her, especially when both adult partners were knowingly into a long-term physical relationship. "The fact that the parties maintained a relationship for five long years would make it difficult to hold that the sexual relationship was based upon a promise to marry. Therefore, the learned trial court was not justified in framing the charges for the commission of an offence punishable under Section 376(2)(n) of IPC," held the bench headed by Justice Rakesh Kainthla, while allowing a criminal revision petition challenging the order of fast-track court (rape/Pocso) at Nahan in Sirmaur district. The court observed that there is not even a single clear averment made in the complaint by the alleged 30-year-old complainant that the accused refused to marry her or that the marriage between them became impossible. The bench noticed that the complainant stated that the marriage was settled in 2014. The physical relations were maintained in 2015 and thereafter. The betrothal ceremony took place in 2015, and the date of marriage was fixed on Feb 28, 2017, but the marriage could not be performed due to a mishap in the male partner's family. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Scalable retail: Video analytics firm enables more traffic thanks to robust computing power - Google Cloud: Future of Infrastructure CIO | Google Cloud, AMD Undo The marriage was then fixed in 2019, later postponed to 2020-21, and an alleged dowry demand of Rs 5 lakh and a big vehicle was made in 2021. On the complaint of the woman's family, an FIR was filed by the police. Later, the trial court on June 28, 2024, framed charges against the accused for the commission of offences punishable under sections 376(2)(n) and 417 read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act. However, the high court found that it is apparent, as per the statements of eyewitnesses, the dowry demand was not made by the accused male partner, and there was no material before the trial court to frame charges against the accused for the commission of an offence punishable under Section 4 of the Dowry Prohibition Act. The bench also quoted a Supreme Court judgment in Mahesh Damu Khare Vs State of Maharashtra, in which it was held that where a person acts after knowing about its consequences, it indicates her consent. When the prosecution alleges that a sexual relationship was maintained by making a false promise, such a physical relationship must be traceable directly to the false promise made and not qualified by other circumstances. When the relationship continued for a prolonged period, it cannot be said that the same was a result of a promise to marry, the apex court had cleared. MSID:: 121341915 413 |
