Plea to be tried as juvenile rejected

Mumbai: A sessions court has dismissed an appeal filed by an accused, challenging the decision of the Juvenile Justice Board (JJB) to try him as an adult in connection with the murder of a traffic constable. The deceased, Vilas Shinde, had stopped the accused for riding a bike without license and asked him to pay a fine on August 23, 2016. However, the boy called his elder brother and instigated the latter to assault  Shinde, who died after the brother hit him with a wooden stick at the back of his head.

The Juvenile Justice (Care and Protection of Children) Act, 2015, allows the trying of an accused aged more than 16 years as an adult in case of heinous crimes. The accused’s mother filed the appeal challenging the JJB’s order, saying the accused, who was 17 years old at the time, was immature and did not have the physical or mental capacity to commit the crime.

The applicant also contended that JJB comprised two members between whom there was difference of opinion on the matter.

Public prosecutor Vaibhav Bagade opposed the plea, saying that in case of difference of opinion in such cases, the opinion of the principal magistrate prevails.

Sessions judge Rekha Pandhare said the two social investigation reports were being relied upon which indicated that the accused was notorious in the area.