The Class XI student of Ryan International School, Bhondsi campus, accused of murdering 7-year-old Class II student Pradyuman Thakur on the school premises on September 8, will be tried as an adult, the Juvenile Justice Board (JJB) Gurugram ruled on Wednesday.
The Board said the juvenile would be produced before the session”s court on December 22. Ruling on the application filed by Pradyuman”s father Varun Thakur, the Board said the offence allegedly committed by the accused who is over 16 years of age, is heinous, chilling, horrific and serious in nature and he should be tried as an adult. The Board also observed that the circumstances show the teenager was mature enough to understand the consequences of his act.
“The decision of the Board that the teenager was 16 and a half-year-old and will be treated and tried as an adult is historic. It is a big turning point in the Pradyuman murder case. The social background and the contents of the report directly indicate that the juvenile should be treated as an adult. The offence which he had committed is not juvenile in nature and as per the reports, he was capable of committing such a heinous crime. The juvenile will now be produced before a sessions court and the district judge will then assign the case to the relevant Child Sessions Court for the trial,” Varun Thakur”s lawyer Sushil Tekriwal, said.
The counsel said, “The board delivered its verdict as per the amendments carried out in the Juvenile Justice Act, 2015 with effect from January 15, 2016. The laws were amended to allow for juveniles between the age of 16 and 18 to be tried as adults in heinous crimes.” The JJB arrived at its decision after examining the boy’s physical and mental ability, the sociological and psychological and expert’s reports of the accused, submitted to the Juvenile Justice Board, that indicates the boy was mature enough to recognise the consequences of his actions and also hyper-aggressive in nature and had even once planned to poison the water tank of the Ryan School Bhondsi campus, the counsel added.
The decision cleared that the teenager if convicted, would not be set free after three years and could be sentenced to 8 to 14 years in jail. “In case of conviction, the juvenile will stay in the Observation Home until the age of 21. But as per Section 21 of the JJ Act, he cannot be sentenced to death or life imprisonment,” Tekriwal said.
The juvenile was apprehended by the CBI on November 7 in a sensational twist to the murder case that shocked the entire country.
The juvenile’s counsel said he would soon challenge the order in session’s court. “The doctor’s report of the boy indicates that the IQ level of the boy was average. If the CBI’s theory is to be believed that the juvenile committed the offence just to postpone the parent-teacher meeting and examination this show the mental level of the child. He should be treated as a juvenile,” he said.
While the juvenile’s father said, “My son was innocent but the Board has given verdict under CBI’s pressure. We will apply to the higher courts to get justice for my son. The investigation agency claimed the Class 11 student, believed to be weak in his studies, killed Pradhyumn to get the school to declare a holiday in order to postpone a scheduled parent-teacher meeting and the examination.