Hyderabad: A 16-year-old who sexually assaulted a minor when he was 12 was sentenced to three months of community service, besides counselling. The juvenile was sentenced in a POSCO case by the Juvenile Justice Board at LB Nagar on Friday.
The sentence comes days after a POCSO court sentenced a 19-year-old to life imprisonment. He was 17 when he raped and murdered a 10-year-old boy in the city.
Asked why the case was referred to the Juvenile Justice Board rather than the child-friendly POCSO court which sent the convict to life imprisonment, an expert said it was a matter of jurisdiction. There is a child-friendly court for Hyderabad police cases. The Rachakonda police does not have such a court, and the cases go to the Juvenile Justice Board.
According to the Saroornagar police, the boy sentenced on Saturday had lured the girl by offering her chocolate. He took her to an isolated place in a parking lot and sexually assaulted her. Her parents filed a complaint with the Saroornagar police.
After four years of investigation and trial, the boy was directed to do community service for a period of three months and to undergo counselling for a period of three months. His parents were directed to pay a fine of Rs 5,000.
Speaking about the conviction, child rights activist Isidore Phillips said, “In the Juvenile Justice (JJ) Act community service is the principle of diversion. A far as possible it should be ensured that the juvenile should not enter the crime stream.” He called the sentence a progressive step.
Child rights activist P. Achyuta Rao criticised the sentence, fearing the accused will be identified, “There is a probability of the identity of the victim being revealed during the community service.”
Child rights activist M. Sumithra said the POCSO Act does not distinguish between a juvenile accused and an adult. “There is no provision that those under 18 years of age should not be punished. As per the JJ Act, the main focus is on the reformation of the juvenile.”
Criminal lawyer S. Pradeep Kumar said the conviction might have been given on the basis of the boy’s awareness. “By taking his mental condition and other aspects conviction might be given.”
