Pramesh S Jain
Rajajinagar Police investigating the murder of seven members of a family allegedly by cab driver Indushekar are seeking legal opinion on whether his daughter,who was a minor at the time of the crime but has recently turned 18,should be treated as a juvenile or an adult during the investigation and subsequent legal proceedings.
The girl was below 18 when the murders took place.
However,she recently attained the age of 18,leaving the investigating officers examining the legal provisions applicable to her case.
Police are studying relevant Supreme Court judgments and provisions of the Juvenile Justice (Care and Protection of Children) Act to determine the next course of action.
Under the Juvenile Justice Act,a child aged between 16 and 18 accused of committing a heinous offence can be subjected to a preliminary assessment by the Juvenile Justice Board.
The assessment examines the child’s mental and physical capacity to commit the offence, ability to understand its consequences and the circumstances in which the alleged crime was committed.
If the Board concludes that the child has the required capacity to understand and commit the offence,it can transfer the matter to the Children’s Court for trial under the applicable provisions.
However,turning 18 after the alleged offence does not automatically make the person an adult for the purpose of determining criminal liability.
According to the police,the girl allegedly assisted her father in bringing relatives to the house and later helped pack and transport the bodies.
Investigators suspect that her father may have misled and influenced her into participating in the alleged acts.
The girl is currently lodged in a children’s home,while her father, Indushekar,remains in police custody.
Police are obtaining legal advice before deciding on the further course of action concerning the girl’s alleged role in the case.
