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Regular-article-logo Monday, 23 December 2024

Two juveniles sent to 6-month protective custody for sexually assaulting and trying to kill 15-year-old

The victim was employed in a bakery owned by the father of the two accused

PTI New Delhi Published 14.01.19, 11:37 AM
Representative image: A surgery was conducted on the 15-year-old at a government hospital in New Delhi, and 58 days after the incident, his mother lodged a police complaint, alleging that he was sexually assaulted.

Representative image: A surgery was conducted on the 15-year-old at a government hospital in New Delhi, and 58 days after the incident, his mother lodged a police complaint, alleging that he was sexually assaulted. iStock

Two juveniles have been sent to six month's protective custody by Delhi High Court for sodomising and attempting to murder a minor by inserting an iron rod into his private parts.

According to the prosecution, the 15-year-old victim was employed in a bakery owned by the father of the two accused. In October 2014, one of them allegedly sodomised the victim and when he complained about it to the brothers of the accused, they inserted an iron rod into his private parts and also threatened to kill him.

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Initially, the victim did not tell anyone about the incident, and when he was taken to a doctor, it was claimed to be an accident.

However, the doctor informed the police as he suspected foul play.

A surgery was conducted on the 15-year-old at a government hospital in New Delhi, and 58 days after the incident, his mother lodged a police complaint, alleging that he was sexually assaulted.

While the two juveniles were facing proceedings before the Juvenile Justice Board (JJB), the adult accused are facing trial before a Delhi court. One of the juveniles was convicted by the JJB for the offence of sodomy, while the other was held guilty of attempt to murder.

The high court on Monday said it had neither examined the evidence nor returned any finding regarding the ongoing trial of the other adult accused before the sessions court.

'The sessions court would be at liberty to decide the case, based on evidence which come before it, without being influenced by anything stated herein,' it said.

Regarding the contention of the juvenile accused that there was a delay in lodging the complaint, the high court said it had been sufficiently explained by the victim. 'The victim was employed in the factory of the father of the petitioners and being a young boy of 15 years who has suffered trauma, it was not unreasonable for him to have hidden this fact from others out of fear and shame,' it said.

The court rejected the defence taken by the accused that it was an accident and the victim had fallen from a height on the handle of a machine, due to which he received injuries in his private parts.

'It has also been observed by the JJB that such an injury is not possible as there was no other injury on any other part of the body of the victim,' it said.

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