Four Minors Arrested In Assam For Alleged Rape, Threats In Kokrajhar Case

Four boys have been arrested in Assam's Kokrajhar district on allegations of raping a minor girl and issuing death threats to dissuade her from disclosing the incident, as announced by the police on Friday night.

Director General of Assam Police, Gyanendra Pratap Singh, shared the information via social media, revealing that the victim's mother had filed a complaint regarding the incident that occurred two months prior, at the Salakati Outpost on Friday afternoon.

The DGP explained, "Around two months ago, her minor daughter was subjected to gang rape by four individuals at approximately 3 pm on the banks of the Champa River while she was bathing. The accused threatened her to keep the matter confidential. However, she disclosed the incident to her mother today."

According to Singh, following the complaint, law enforcement initiated an investigation and successfully identified and apprehended all four accused individuals.

"The four accused have been identified and taken into custody. They are all individuals in conflict with the law who are minors. Their ages and other particulars are being verified, and appropriate legal measures are being undertaken," Singh stated on Twitter.

Given that the accused are also minors, their identities are being safeguarded by the police, Singh added.

Drawing upon recent rulings from various high courts across the country, the police highlighted that Children in Conflict with Law (CCL) cannot be treated as undertrial prisoners, and the right to seek bail cannot be denied.

The Madhya Pradesh High Court stated in March of the previous year, "A Child in Conflict with Law (CCL) cannot be treated as an undertrial prisoner under Section 436-A of the CrPC. Arrest, confinement, or apprehension are not envisaged under the Juvenile Justice (Care and Protection of Children) Act, 2015."

In a recent judgment, the Punjab and Haryana High Court emphasized that even if a juvenile is being tried as an adult for serious crimes, they are still considered a juvenile in conflict with the law and are entitled to the benefits of Section 12 of the Juvenile Justice Act, which pertains to bail.

"While the appellant/CCL was indeed ordered to be tried as an adult, they remain a juvenile in conflict with the law and must not be deprived of the advantages of Section 12 of the Act," the special bench affirmed in its ruling.

The court also noted that bail may only be denied if reasonable grounds exist to believe that releasing the individual could lead to association with known criminals or expose them to moral, physical, or psychological risks, or if releasing them would undermine the interests of justice.