HAILAKANDI, Oct 15: The Juvenile Justice Board (JJB) in Assam’s Hailakandi district has ordered that a 17-year-old accused in the alleged rape and murder of a 16-year-old girl be tried as an adult after assessing reports on his psychological and medical condition and the circumstances of the alleged offence.
The board’s principal magistrate passed the order after examining a psychological assessment, a preliminary assessment report from Silchar Medical College and Hospital, and an offence report submitted by the investigating officer, Hailakandi police said on Tuesday.
The case relates to the girl’s death at her home in the Aloichora area under Katlicherra police station on the night of August 1. Senior Superintendent of Police Amitab Sinha said the accused was 17 years and five months old at the time of the incident. Police detained him in the first week of August.
A case was registered under relevant provisions of the Bharatiya Nyaya Sanhita, including Sections 65(1) and 103(1), and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The incident triggered protests across Barak Valley, where residents blocked National Highway-6 and demanded capital punishment for those allegedly involved.
Police initially detained five persons. A Special Investigation Team investigated the case, and a chargesheet against all five accused, including the juvenile, was submitted in September after investigators examined forensic and medico-legal evidence, witness statements, digital records and materials seized from the crime scene, Sinha said.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child aged between 16 and 18 accused of a heinous offence may undergo a preliminary assessment of mental and physical capacity, understanding of the consequences of the alleged offence and the circumstances in which it was committed. The assessment helps determine whether the case can proceed towards an adult trial under the statutory framework.
The board’s decision has drawn differing views from legal practitioners and rights advocates.
Senior advocate Gautam Ghose welcomed the order, citing the reported brutality of the incident.
“If we look at the brutality of the incident, as reported in newspapers and described in police statements, it was extreme. Such an act is difficult even to imagine being committed by a child. We welcome the court’s decision,” Ghose said.
He said the board had considered the seriousness and circumstances of the allegations rather than relying solely on the accused’s age.
However, Gauhati High Court lawyer and human rights activist Taniya Laskar questioned whether the gravity of the allegations justified an adult trial. She said the accused could face the most rigorous punishment available under the Juvenile Justice Act and argued that the board’s decision could be challenged before a higher court.
“The accused can undergo trial under the Juvenile Justice Act, and the court can impose the most rigorous punishment available under that framework. But putting him on trial as an adult is, in my view, a violation of human rights, and the decision can be challenged before a higher court,” Laskar said.
She cited India’s obligations under the United Nations Convention on the Rights of the Child and cautioned against allowing public reaction or media coverage to influence judicial decisions. Referring to a Nagaon case in which a death sentence imposed by a district court in 2018 was set aside by the Gauhati High Court this year, resulting in an acquittal, she stressed the importance of evidence and the presumption of innocence.
Supreme Court advocate Milan Laskar said the order was not unprecedented, noting that Indian law allowed juveniles accused of certain heinous offences to be considered for adult trials.
The victim’s family welcomed the decision, saying they wanted everyone found responsible to face legal consequences.
“One of the accused in this case was a minor according to the police and we did not want anyone involved in this crime to escape punishment. We want equal accountability, and we thank the court for this decision,” a family member said.
The case will now proceed under the applicable legal framework. The allegations against the accused remain subject to adjudication by the court.
