“Police Have Behaved Beyond Power": Kerala HC Stays Criminal Proceedings Against Children below 7 Years of Age, Charged with Rape

Team SoOLEGAL 11 May 2020 4:27pm

“Police Have Behaved Beyond Power

A Writ Petition was filed before the Kerala HC seeking to quash the criminal case of the accused children belonging to the category 'doli incapax' under Section 82, IPC.

The Petition was heard by a bench headed by Justice Bechu Kurian Thomas via video conferencing. The bench expressed a shock knowing that even after passage of six months the children have not yet been placed before Juvenile Justice Board (JJB) in compliance with the  Juvenile Justice (JJ)  Act, 2015 but the concerned Station House Officer(SHO), had directed the petitioners along with their children to present themselves before the police station along with the photographs of the children for the purpose of a test identification parade. "This certainly amounts to harassment and an abuse of the powers," the bench remarked.

"Even though the plight of the victim stares at this Court, still a child in conflict with law has to be treated in a manner contemplated under the JJ Act and not like any other hardened criminal”, the court observed.

Prima facie thus, the court held  that the SHO had acted "beyond its control," particularly since it had acted in contravention of the JJ Act.

In such circumstances, the court directed, “there will be an interim stay of all further proceedings in Crime No......of 2019 and the 4th respondent is directed to place the records of the said case before the Juvenile Justice Board without any delay, pending further orders of this Court."

Tagged: Kerala HC   Criminal Proceed   Charged with Rape   doli incapax   Justice Bechu Kurian Thomas   video conferencing   Juvenile Justice Board  
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