Special Judge (POCSO), Imphal West Thursday declared the main accused of Mayang Imphal gang rape case as child of conflict with law (CCL) for he was found to be juvenile when the offence was committed.
The medical report (final opinion) submitted on April 27, 2022, stated that the accused person is found to be 19-20 years of age. It is a settled proposition of law that the lower limit of the range is to be considered for the determination of the age of juvenility. As such, the accused will be treated as 19 years on the date of examination (i.e April 27, 2022), the court said.
The incident occurred on September 1, 2020. The report stated that the date of the incident was September 1, 2020, and that of a medical examination conducted on the accused was April 27, 2022. Thus, the difference between the two dates is about one year, seven months, it said.
The age of the accused is found to be about 17 years and five months on the date of the incident and thus he is a juvenile, it said.
Accordingly, the court declared him as a child in conflict with the law. The case is to be dealt with by the Juvenile Justice Board (JJB), Imphal West.
As the accused is found to be a CCL under section 9(1) of the 3J Act, the child is to be forwarded along with the record of such proceedings to the JJB, Imphal West which has jurisdiction to try the case. The JJB, Imphal West shall continue the proceeding, the court stated.
The court stated: “It is seen that the accused is a juvenile within the age of 16-18 years of age involved in a heinous offence as provided under section 366 A of IPC and 6 of POCSO. As per the mandate of section 15 of JJ Act 2015, the JJB Imphal West shall conduct a preliminary assessment with regard to the mental and physical capacity of the child to commit such offence, ability to understand the consequence of the offence and the circumstances in which he allegedly committed the offence and the JJB Imphal West may pass an appropriate order under section 18(3) JJ Act 2015, as to whether the trial will be conducted by Board or Children Court as an adult”.
The court directed the officer in charge of the police station concerned to release the child in conflict from Central Jail, Sajiwa, and immediately produce him before the JJB, Imphal West with due process.
Further, the court directed the Superintendent, Manipur Central Jail, Sajiwa to hand over the then accused now found to be child in conflict with the law to the Officer in Charge, of the police station concerned.
In connection with Mayang Imphal gang rape case, the mother of the main accused filed an application for determining the age of her son. The court on February 14, 2022 ordered to constitute a medical examination board for an ossification test to determine the age.
A Special State Medical Board was constituted and a sitting was held on April 27, 2022. The medical examination report of the sitting has been submitted by the chairman, K Rajo Singh, Special State Medical Board.
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