In a shocking incident reported from Uttar Pradesh, a 7-year-old boy has been booked under POCSO Act for allegedly sexually assaulting his five-and-a-half-year-old neighbour.
The FIR has been recorded under Section 376 (rape) of IPC and the Protection of Children from Sexual Offence Act at Kawarsi police station in Aligarh.
As reported by Times Now, the minor boy has also been accused of raping his minor neighbour. The accused boy was produced before the Juvenile Justice (JJ) Board on Tuesday, said Superintendent of Police (Crime) Arvind Kumar.
Background
The girl had gone to take her ball from the accused’s house when the alleged incident took place. On October 12, the girl’s mother approached the police and lodged a complaint.
According to the complaint, on the day of the incident, the girl was playing on her terrace when her ball accidentally went into the boy’s home. The girl then went to the 7-year-old boy’s home to get her ball. During this time, the accused allegedly grabbed the girl and raped her.
While the age of the boy was not mentioned in the complaint that was filed by the girl’s mother, however, a medical examination later revealed that he was 7-years-old. The boy is current with his parents.
While the boy has been booked under IPC and POCSO Act, it must be noted that he is entitled to partial immunity under section 83 of the IPC.
Section 83 of IPC offers partial immunity to children between the age of 7 and 12 stating,
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
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yeh ladkiyon hamko *** samajhte hai kya? 7 saal ka ladka ek 5 1/2 saal ki ladki ko kaise rape kar sakta?