The Punjab and Haryana High Court on Thursday set aside a lower court’s order allowing the trial of a minor accused as an adult in the sensational murder case of a 7-year-old boy inside the toilet of a leading school in Gurugram a year ago. According to a report in The Indian Express, the High Court has asked the Juvenile Justice Board (JJB) to reconsider the matter afresh and submit a finding whether the 16-year-old accused can be tried as an adult in the case.
The JJB had in December last year ordered that the accused in the case will be tried as an adult and directed that he be produced before a regular court. The Gurugram-based sessions court had also upheld the JJB’s decision as it ruled that the defence argument on sociological and psychological aspects of the accused were not enough to prevent him from being tried as an adult.
The High Court passed this order while hearing a plea moved by the accused student’s father contesting the decision to allow his minor son to be tried as an adult.
The HC bench of Justice Daya Chaudhary also asked the JJB to consider evidence and contentions proposed by the accused boy in his defence.
“The court has asked the JJB to consider afresh whether the boy can be tried as an adult or a juvenile,” advocate Rupinder Khosla, who was representing the accused in the HC, said.
In its chargesheet filed in February, the CBI had named the 16-year-old student as the main accused. It also said that the accused had confessed killing the boy of his school inside the toilet on September 8 last year in a bid to postpone the exams and parent-teacher meeting.
The crime had triggered a nationwide uproar. Initially, the police had arrested school bus conductor for the murder of the teenager, but after the CBI took up the investigation, he was given a clean chit. The CBI said that there was no evidence against him and during investigation, it emerged that the 7-year-old was killed by his senior inside the washroom.