Delhi gangrape involving minor is aberration: Supreme Court

The December 16 gangrape-cum-murder case allegedly involving a minor accused is gruesome but such incident is an "aberration rather than rule"

Written by PTI | New Delhi | Published: July 17, 2013 11:14 pm

The December 16 gangrape-cum-murder case allegedly involving a minor accused is gruesome but such incident is an “aberration rather than rule”,the Supreme Court today said.

A bench headed by Chief Justice Altamas Kabir said the

number of crimes committed by juveniles is about two percent

of the country’s crime rate and favoured the protection given

to minors involved in crime in order to rehabilitate and

re-integrate them into mainstream society.

“There is little doubt that the incident,which occurred

on the night of 16th December,2012,was not only gruesome,

but almost maniacal in its content,wherein one juvenile,

whose role is yet to be established,was involved,but such an

incident,in comparison to the vast number of crimes occurring

in India,makes it an aberration rather than the Rule.

“If what has come out from the reports of the Crimes

Record Bureau,is true,then the number of crimes committed by juveniles comes to about two percent of the country’s crime rate,” the bench said.

The bench said there is misunderstanding among the people

who believe that a juvenile is allowed to go free after attaining the age of eighteen years.

It said that under present law even if a juvenile attains

the age of eighteen years within a period of one year,he

would still have to undergo a sentence of three years,which

could spill beyond the period of one year when he attained

majority.

During the hearing,the Centre had also pleaded before the

court that December 16 incident should not be allowed to

colour the decision taken to treat all persons below the age

of 18 years as children.

The apex court refused to lower the age of juvenile from

18 to 16 years saying “the age of eighteen has been fixed on

account of the understanding of experts in child psychology

and behavioural patterns that till such an age the children in

conflict with law could still be redeemed and restored to

mainstream society,instead of becoming hardened criminals in future.”

“There are,of course,exceptions where a child in the age group of sixteen to eighteen may have developed criminal

propensities,which would make it virtually impossible for

him/her to be reintegrated into mainstream society.

“But such examples are not of such proportions as to

warrant any change in thinking,since it is probably better to

try and re-integrate children with criminal propensities into

mainstream society rather than to allow them to develop into

hardened criminals,which does not augur well for the future,”

the bench said.

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