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A juvenile court sentenced two men to three years in an observation home for a 2016 fatal stabbing while acquitting two co-accused. (Representative image)
The juvenile court here convicted two men who allegedly stabbed to death an 18-year-old over a petty dispute in 2016. While the duo was sentenced to three years in an observation home, the court acquitted two others, who were also arrested for the murder, but termed them ‘criminals’.
All four were juveniles at the time.
The Juvenile Justice Court of Principal Magistrate K. V. Pathak, and board members Dr. Anishaben Mahida and Dr. Paresh Kakadiya, were hearing the proceedings in the case of the murder of Babu Nagarkar (18), a resident of Adajan area in Surat.
As per the case details, an altercation took place between Nagarkar and the four youths over a petty issue at Sant Tukaram Society in Adajan on June 5, 2016. Later that day, the four allegedly stabbed Nagarkar with a knife in the chest, causing his death. During the altercation, Nagarkar’s father Rajpal was also injured when he intervened.
Adajan police then booked the four juveniles under IPC sections 302 (murder), 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting while carrying a deadly weapon), and others on June 6. The four were caught on June 7, sent to the juvenile remand home, and released on bail on June 18, 2016.
Later, police submitted the statements of 27 witnesses and 21 pieces of documentary evidence to the Juvenile Justice Court.
During the proceedings, the prosecution submitted that the act committed by the juveniles was serious and brutal in nature and could not be viewed leniently. It was further argued that appropriate legal action was necessary so that the children understood the consequences of violating the law.
On Thursday, the court ordered that the two juveniles who had played a major role in the assault be placed in an observation home for a period of three years, while the other two juveniles were ordered to be released subject to appropriate conditions. It directed that the two convicted be provided appropriate counselling and rehabilitation facilities.
In the order, the court also observed, “If the convicts wished to continue their education, necessary educational or vocational training should be provided to facilitate their rehabilitation and reintegration into society.”
The order states, “After the inquiry, Juveniles No. 1 to 4 have been declared as criminals and Juveniles No. 1 and 2 have been accused of heinous crimes; it does not seem justifiable to release Juveniles No. 1 and 2 on probation, and this will set a wrong example in society.”
“…crimes committed by juveniles are increasing rapidly… Juvenile No. 1 and 2 have played an active role in the incident. Also, the victim has died due to the injuries inflicted by Juvenile No. 2 and Juvenile No. 1. Considering all the facts, the Board here is of the opinion that there are no sufficient and just reasons to release Juvenile No. 1 and 2 on probation.”
Additional public prosecutor V G Patel confirmed the development.
Defense lawyer M R Kashyap said they would go through the order before deciding on their future course of action.
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