Case against minor accused should be tried considering him as an ‘Adult’ : Supreme Court’s commendable decision

Decision given as the minor accused was aware !

Nagpur – Repeatedly drugging and gang-raping a minor girl is a heinous (extremely despicable) crime. Therefore, in a significant decision, Supreme Court Justices P.S. Narasimha and Justice Atul Chandorkar have ruled that the minor accused who committed this crime should be considered as an ‘Adult’ and tried in a Sessions Court. The accused’s name is Mustafa Kha Jabbar Kha (age 23 years), a resident of Arni in Yavatmal district. This decision was made after considering the accused’s behavior, physical-mental condition, capability to commit the crime, and understanding of the consequences of the crime. At the time of the incident, the accused was 17 years old, and the victim girl was 14 years old. The accused befriended her, lured her into a relationship under the pretext of love. For a year, he repeatedly gave her chocolates laced with intoxicating drugs and raped her. He did not stop there; he also involved his friends in the crime.

If the crime is proven, the accused can be sentenced to life imprisonment !

Advocate Manan Daga, representing the victim girl, said, “If the accused had been considered a minor, the case would have been tried before the Juvenile Justice Board, and if found guilty, he would have been sent to a juvenile correctional facility for a maximum of 3 years; however, due to this decision, the accused will be considered an adult and tried in a Special Sessions Court, and if the crime is proven, the accused can be sentenced up to life imprisonment.”