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While ruling that the juvenile accused of allegedly killing a Class II student at a private school in Gurgaon in September 2017 should be tried as an adult, the Juvenile Justice Board (JJB) took into consideration his internet search activity among other things to determine if he had sufficient ability to understand the consequences of the offence.
The JJB relied on the psychological assessment report of a panel of experts from the Institute of Mental Health, UHS, (PGIMS) Rohtak, which had conducted a detailed clinical assessment of the juvenile in September 2022, and the board’s personal interaction with the juvenile to reach a conclusion.
In its order Monday, the JJB said it had reached the conclusion that the juvenile in conflict with law had sufficient mental as well as physical capacity to commit the alleged offence and had the ability to understand the consequences of the offence and circumstances in which he allegedly committed it.
Citing from the investigation conducted by the CBI in the order, the JJB said the email ID allegedly belonging to the juvenile, on his mobile, was tracked by the CBI. “…Perusal of aforesaid searches shows that after incident…, searches were made using aforesaid Gmail ID under captions — how to remove your fingerprints, can you alter your fingerprints to hide your…, how to change your fingerprints. Thus, aforesaid internet activity/ searches after the commission of offence shows that juvenile was aware of the immediate consequences of offence i.e. his apprehension by the investigating agency,” read the order.
It added, “Further, printouts of aforesaid internet activity/ searches shows one month prior to incident, various searches were made about poisoning, various poisons, their effects and sources. Also, during investigation, CBI had recorded statements of various students of child in conflict with law under Section 164 CrPC, wherein it has been maintained by them that child in conflict with law had asked them to procure poison for him so he may administer it to any student of the school in order to get postponed exams or parents teacher meeting. Thus, searches made prior to incident and statement so recorded shows that juvenile was well aware that poison, if given to someone, can result in his/her death.”
It further said, “Also pertinently, a specific question was posed to child in conflict with law during his personal interaction as to how he felt when the driver was arrested in this case. It was replied by him that as soon as he got to know that conductor has been arrested, he (was) relaxed that now murderer of child would get punishment. This shows juvenile was well aware of the fact that if someone commits murder he will get punished also.”
The board said the panel of experts, in its assessment report, had said that there is no valid test which can be administered to the juvenile which can retrospectively assess his mental capacity, maturity and ability to understand consequences of the offence at the time of commission of the offence as directed by the board. “… as regards the ability to understand consequences of the offence, it has been opined by board of experts… that at present, there is no evidence of physical, mental illness or intellectual impairment and he has sufficient maturity and ability to understand consequences of alleged offence”.
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