Assam police have arrested four minor boys from Kokrajhar district for allegedly raping a minor girl and threatening to kill her if she revealed the incident to anyone.
Assam Deputy General of Police, Gyanendra Pratap Singh, said that the mother of the girl lodged a complaint about the two-month-old incident at Salakati Outpost on August 11.
Minor Boys Rape Girl
The mother mentioned in her statement that her minor daughter was gang raped by four boys around two months ago at around 3 pm on the banks of River Champa, where she had gone to take a bath. The boys threatened the minor girl not to disclose the assault to anyone.
The minor girl had confided in her mother about the sexual assault only on Friday. The DGP said that the police immediately began investigating the case as soon as the complaint was filed and identified the accused.
Taking to his social media handle, the DGP tweeted that all four accused have been identified and arrested. They were all reported to be children in conflict with the law (CLL). The ages of the accused are being verified, and further action will be taken accordingly.
Since the accused are also minors, their identities haven’t been revealed. According to some recent judgements of various high courts, children in conflict of law (CCL) cannot be treated as undertrial prisoners, and they cannot be denied bail as well.
Last year, a Madhya Pradesh High Court noted that a child in conflict with the law (CCL) cannot be treated as an undertrial prisoner under Section 436-A CrPc. Since arrest, confinement, or apprehension are not contemplated in the Juvenile Justice (Care and Protection of Children) Act 2015.
A Punjab and Haryana High Court observed that when a juvenile is tried as an adult for a heinous crime, the benefit of bail under Section 12 of the Juvenile Justice Act cannot be denied to him. The special bench ordered that while the appellant/CCL was undoubtedly tried like an adult but will remain a juvenile in conflict with the law and can never be denied the benefit of Section 12 of the Act,
The court also observed that releasing a person would be unjust if there were any reason to believe that doing so would put them in danger of associating with known criminals, or put them in danger morally, physically, or psychologically, or that releasing the person would defeat the ends of justice.
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