the penal law lays more emphasis upon the guilty intention or mens rea behind a crime committed. According to Indian Penal Code and its makers were of the opinion that criminals who are below the age of majority are incapable of holding this guilty intention. According to them, these juveniles, when they commit a crime then such a crime is influenced by many other factors such as a sense of "experimentation" etc. Hence our law states that such people should be sent to reformative centers where they would be reformed in a way so that they never commit such crimes again in future.
But as it is with everything else so it is with the law as well. Things and mentalities do change with the time.
I personally believe that a person living in this age, has a higher understanding to some extent as to what is right and wrong, especially a teenage boy of atleast 16-17 yrs.
The law takes into account the Degree of commission of crime which in a way indicates the guilty intent. In the rape case this teenager was the most brutal amongst them, which itself indicates that what he was aware and "enjoying" what he was doing.
Merely being a Juvenile should not be the criteria for giving a lenient punishment to the accused. Law and Courts should think THAT A PERSON WHO CAN BE SO BRUTAL AT SUCH AN AGE, HE CAN BE A GREAT THREAT TO THE SOCIETY IN THE FUTURE.
So he should be equally punished along with the other accuseds as well.
CID
Geet - Hui Sabse Parayee
