News Desk: A Juvenile Justice Board in Assam’s Hailakandi district has ordered that a 17-year-old accused in the alleged rape and murder of a 16-year-old girl be tried as an adult. The decision follows an assessment of the alleged offence, psychological evaluation and medical reports, according to the police.
In a statement issued on Tuesday, Hailakandi Police said the board’s principal magistrate considered the psychological assessment, a preliminary assessment report from Silchar Medical College and Hospital, and the offence report submitted by the investigating officer before passing the order.
The girl was found dead at her home in the Aloichora area under Katlicherra police station on the night of August 1. According to police, the accused was 17 years and five months old at the time of the incident. He was detained during the first week of August.
A case was registered under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), including sections relating to rape of a girl under 16 and murder, along with provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The incident triggered protests across Assam’s Barak Valley, with residents blocking National Highway-6 and demanding strict punishment for those responsible.
Police subsequently formed a Special Investigation Team (SIT) to investigate the case. According to the police, a chargesheet against five accused, including the juvenile, was submitted in September after investigators examined forensic and medical evidence, witness statements, digital records and materials collected from the crime scene.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child aged between 16 and 18 accused of a heinous offence can undergo a preliminary assessment to determine whether the case should be transferred for trial as an adult. The Children’s Court determines whether the trial will proceed under the adult system.
The decision has received a mixed response from legal experts. Senior advocate Gautam Ghose welcomed the order, arguing that the seriousness of the allegations justified the board’s assessment. The victim’s family also welcomed the development, expressing hope that everyone found responsible would face appropriate punishment.
However, human rights activist and Gauhati High Court lawyer Taniya Laskar raised concerns about the implications for juvenile rights. She argued that the accused could face stringent punishment under the juvenile justice framework without being tried as an adult. She also highlighted India’s obligations under the United Nations Convention on the Rights of the Child.
Supreme Court advocate Milan Laskar, meanwhile, said the decision was not unprecedented under Indian law.
The case is likely to renew debate over how the justice system should balance accountability for alleged heinous crimes with the legal protections afforded to children. The accused remains entitled to the presumption of innocence unless proven guilty.
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