Juvenile board convicts 2 ‘minors’ of murder
The accused, who are now adults, were convicted on the basis of the ‘last seen’ theory. The victim was abducted in Sept 2015
GURGAON: The Juvenile Justice Board (JJB), Gurgaon has convicted two youths, based on the ‘last seen’ theory, of the murder of a 21-year-old B.Sc second year student of Dayal Singh College, Delhi, on September 18, 2015.
The convicts were minors during the commission of the crime.
Another three accused in the case are facing trial in the sessions court and their fates will be sealed in the final hearing that is scheduled to be held next month.
Davender Singh, principal magistrate, Juvenile Justice Board, pronounced the order on Friday directing that both the youths be sent to the special home in Sonepat and be lodged there for three years.
“(The) Period of custody already spent by them in (the) observation home is ordered to be reduced (from their sentence),” the order read.
The board pronounced the quantum of sentence on February 14. The two convicts are now around 21 years old.
The ‘last seen’ theory applies in the present case, as the victim was seen with the accused, then minors, and others who are lodged in Bhondsi jail, the board said.
A separate trial is on in the case. Although the victim Rohit Bhardwaj, a resident of Krishna Colony, Gurgaon, was kidnapped along with his brother from a busy road, there are no eyewitnesses in the case.
Rohit is alleged to have been beaten to death by a dozen attackers, as they suspected him of being involved in the firing on one of the accused.
Five of the accused were arrested and an FIR was filed against them on the basis of a complaint by the victim’s father.
City police station filed an FIR under sections 302 (murder), 364 (kidnap), 120-B (criminal conspiracy) of the Indian Penal Code (IPC).
“In this case, it has come before the board that on September 18, at about 7pm, (the) deceased along with his brother visited Madanpuri market where three boys on a motorcycle intercepted their way and kidnapped them. They were taken to New Colony where they were brutally assaulted. Other youths also accompanied them. In between, the brother of (the) deceased managed to flee the spot and rushed home and informed the parents (sic),” the order reads.
“The juvenile’s disclosure statement, blood-stained earth, blood-stained clothes and two wooden pieces were sent to the Forensic Science Laboratory (FSL) Madhuban and the report clearly shows that human blood was found on the clothes of the juveniles.
Under section 27 of the Indian Evidence Act 1872, the juveniles are convicted of the murder (sic),” the order states.