Directs release of ‘8-year-old’ Pulwama boy, his medical examination
Srinagar: The court is duty bound to enforce law of land even in “extreme adverse circumstances” and that a child cannot be lodged in police station, the J&K high court said on Monday as it ordered release of an eight-year-old boy in Pulwama district.
“Section 82 of Ranbir Penal Code provides that nothing is an offence which is done by the child under 7 years of age. Section 83 of Ranbir Penal Code provides that nothing is an offence which is done by the child above 7 years of age and under 12, who has not attained the sufficient maturity of understanding to judge the nature of consequences of his conduct on that occasion,” a bench of justice Muzaffar Hussain Attar said, observing that the child was to be dealt with in accordance of Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act of 2013.
The court made the observations after taking cognizance of a news report that the boy (name withheld) has been arrested among 80 persons in the south Kashmir on Sunday and lodged in the local police station.
“Ours is a society governed by rule of law. Even in extreme adverse circumstances, this Court is duty bound to enforce law of land…. The child of 08 years of age cannot be lodged in the police station,” the court said directed senior superintendent of Police, Pulwama to handover the custody of the boy to his mother forthwith.
“Principal District & Sessions Judge, Pulwama and Chief Judicial Magistrate, Pulwama are directed to get the child examined by the Doctor and send report through Fax to the Registrar Judicial of this Court within two days time,” the court added.
Meanwhile, police rebutted that 8-year-old old boy has been arrested at Pulwama even as it said that the “individual” has been released on high court’s direction.
“Some stone pelters have been arrested. News carried by a section of press despite giving the correct information to the concerned reporter is false and far away from facts…As per the directions of the Court, the said individual has been released and medical examination was also conducted in the presence of Judicial Magistrate,” a police spokesman added.