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INTRODUCTION
Summary of Issues
1. WHETHER THE ACCUSED ARE LIABLE TO BE PUNISHED FOR
THE OFFENCE ALLEGED UNDER SECTION 300 IPC ?
Issues in Detail
IN THE PRESENT CASE IT IS CLEARLY STATED IN THE FACTS THAT AFTER COMMISIONIG OF
OFFENCE ACCUSED CASUSED THE DISAPPEARENE OF EVIDENC IN ORDER TO SAVE MURARI YADAV OF
HIS ILLEGAL ACTIVITIES.
CAUSING DISAPPRENCE OR DESTROYING THE EVIDENCE OR GIVING FALSE INFORMATION TO SCREEN
THE OFFENDER FROM LEAGL PUNISHMENT IS AN OFFENCE U/S 201 IPC.
The annual figures released by National Crime Records Bureau (NCRB) has revealed the
following ground realities:
1. In the year 2012, police in India charged 27,936 juveniles for alleged involvement in
serious crimes including banditry, murder, and rape and rioting. According to NCRB
data, among those who faced JJB (Juvenile Justice Boards) in 2012, two-thirds
(66.6%) were between the age group of 16 and 18 years WHICH CLEARLY DEPICTS
THE INTENTION TO COMMITT CRIMES.
The Juvenile Justice (Care and Protection of Children) Act, 2015 (in short “JJ Act,
2015”) has been criticised for incorporating Section 15[6] and Section 18(3)[7]. It lays down
that if the minor has completed or is above sixteen years and is involved in a heinous crime
then on the report of preliminary assessment by the Juvenile Board, the case can be trialed
in the Children’s Court and the minors will be treated as adults and would be subjected to
the criminal procedure.
. In Ram Prasad Sahu v. State of Bihar[15], the Supreme Court held that a child offender can
be convicted of committing rape[16] and an attempt to commit rape. Where a child is not
eligible to be punished but is capable of committing rape or murder it is against the principle
of justice and principle of proportionality of punishment if he is given blanket immunity. It
is a well-established medical psychological fact that the level of understanding of a 16-year-
old was on a par with that of adults
1. CULPABILITY OF 5 ACCUSED MEN – ALL THE ACCUSED ARE LIABLE FOR THE
OFFENCES OF RAPE AND MURDER EXCEPT THE JUVELINE WHO MUST BE SENT TO
JJB FOR SUBJECT TO EXAMINATION AND OBSERVATION WHETHER HE IS TO BE
TREATED UNDER CRIMINAL PROCEDURES OR NOT.
ALL ACCUSED PERSONS WHO HAVE INTENDED TO STOP THE VICTIM FROM
PUBLISHING BY ILLEGAL ACTS REFLECTS THEIR ILL MOTIVES AND ALL OF THEM
IRRESPECTIVE OF THEIR SOCIO- ECOMONIC CONDITIONS IS TO BE HELD LIABLE
FOR THE OFFENCES STATED ABOVE. CORROBORATING EVIDENCES AND CCTV
FOOTAGE ALSO PROVIDES FOR A SUBATANTIAL RATIONALE TO CONVICT THE
ACCUSED PERSONS, THE CONVICTION DOES NOT DESERVES ANY LENIENCY.