Noida: A juvenile justice board (JJB) has handed two men three years of reformative detention along with a fine of Rs 20,000 each for gang raping and kidnapping a minor 12 years ago. As both the accused are now over 25 years, the board directed that they be sent to the district jail to serve the sentence.The two accused were 13 years old at the time of the crime. The case dragged on as statements of nine witnesses, including the survivor’s family members, were recorded till May last year. The statements of the accused were recorded thereafter.On Tuesday, a bench comprising chief magistrate Abhishek Kumar and members Arun Kumar Gupta and Mahendra Singh said the offence was grave and related to women’s safety, and that granting probation would amount to injustice to the survivor.“The victim and her family, who belong to a working-class background, have pursued the case for over a decade. She was 15 at the time of the incident, and extending leniency would encourage such crimes,” the board observed. It, however, clarified that the conviction would not adversely affect the convicts’ education, employment and future prospects.The FIR in the case was lodged at Phase-II police station on Jan 21, 2014, two weeks after the crime. According to the complaint filed by the survivor’s father, his daughter was taken to a room by the accused, who lived on the upper floor of their building, on Jan 5. The two allegedly locked her inside, confined her and raped her, before threatening her with dire consequences if she spoke about it. The girl also told the court that the juveniles had tied her hands and feet and then turned up the TV volume as they took turns to rape her.Police registered the case under sections related to kidnapping, gang rape, wrongful confinement and criminal intimidation of the Indian Penal Code, along with provisions of the Pocso Act. A chargesheet was filed in March 2014, and as both accused were found to be juveniles at the time, the matter was transferred to the JJB.In its order, the board said the testimonies of the survivor and her father were consistent and credible. It said the survivor’s detailed testimony, supported by surrounding circumstances, was sufficient to establish the guilt of the accused beyond a reasonable doubt, leading to their conviction and sentencing.The board also ordered that 90% of the fine be paid to the survivor within 30 days by the convicts’ guardians.
