13-year-old boy apprehended in UP for alleged rape of 5-year-old

Kaushambi (UP): A 13-year-old boy has been ‘apprehended’ for allegedly raping a five-year-old girl related to him, police said Friday here. The boy was ‘apprehended’ under the Juvenile Justice (Care and Protection of Children) Act by a ‘child welfare police officer welfare’ after the preliminary probe into a rape case FIR lodged against him, Kaushambi’s SP Hemraj Meena informed.

After the apprehension of the child, alleged to be in conflict with law, the police produced him before a children court. It remanded him to a Children Welfare Home in Prayagraj as no such child care home is there in Kaushambi district, Meena stated.

“A five-year-old girl, a resident of Kada Dham Police station area, was allegedly raped by her 13-year-old relative May 12. Initially, a case of physical violence was lodged regarding the case,” Meena stated. However, the minor girl was rushed to a hospital Thursday after her health deteriorated.

“The doctors at the hospital confirmed rape. On the basis of this, a preliminary police investigation was done in the case. After the investigation, an FIR of rape was lodged against the boy and he has been apprehended,” the SP informed.

The officer also added that it will also be examined if the police team earlier failed to investigate the matter properly. “The additional superintendent of police has been asked to look into the role of police while investigating the matter,” he said.

Interestingly, the child, alleged to be in the conflict of law, is barely a year older than the prescribed age limit of 12 years under which a child could be considered a ‘doli incapax’, and deemed incapable of forming the intent to commit a crime or tort (civil wrong).

Section 82 of the IPC provides that ‘nothing is an offence which is done by a child under seven years of age’ being a ‘doli incapax’. Similarly Section 83 of the IPC further says that ‘nothing is an offence which is done by a child above seven years of age and under 12, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct’.

Under section 83, a children’s court may consider a child below the age of 12 years a ‘doli incapax’ if it finds him not sufficiently mature, say legal experts.

A child above 12 years of age, however, has to face an enquiry by a Children’s Court under the provisions of the Juvenile Justice (Care and Protection of Children) Act.