Board rejected the counsel's version that accused had a consensual relationship with minor girl.
A 17-year-old boy accused of raping a girl of the same age will be tried as an adult, the Juvenile Justice Board has ordered, saying his crime was "meticulously planned".
This is the first time a minor accused of rape has been ordered to be tried as an adult since the Juvenile Justice Act was amended last year to give the board special provisions in cases of 'heinous offences'.
The board rejected the counsel's version that it was a consensual relationship. There was not an iota of evidence that would lend credence to this assertion, said JJB Presiding Officer Arul Verma.
"The injuries on the body of the victim further substantiate this version," the board said.
"A perusal of the records viz. statements of the victim also reveal that the CCL (Child In Conflict with Law) meticulously and in a planned manner, committed the alleged offence. From picking her from school on a bike, then taking her in a car, purchasing alcohol, going to a flat are the sequence of events ...," it said.
In her complaint, the girl had said she had initially not disclosed the incident to anyone as the accused had allegedly video-recorded the act and threatened her with dire consequences if she reported the matter.
"This board under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, is of the considered view that there is a need for trial of the CCL as an adult and thus the trial of the present case is hereby transferred to the designated Children's Court having jurisdiction to try such offences," the JJB said, directing that the accused be produced there on August 23.
The Juvenile Justice (Care and Protection of Children) Act, 2015 allows the board to transfer cases of heinous offences by children to the sessions court. As per section 2(33) of the Act, "heinous offences" include the offences for which minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.
Earlier, JJB had transferred to sessions court a murder case and Mercedes hit-and-run case allegedly involving minors for being tried as adults.