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The Court directed an inquiry against a Police Inspector, who had treated a minor as an adult which led to his arrest and imprisonment in a murder case.
A division bench of Bombay High Court comprising of Justice Revati Mohite Dere and Justice Madhav J. Jamdar directed an inquiry against a Police Inspector who had treated a minor as an adult which led to his arrest and imprisonment in a murder case.
The boy was arrested last year under the Indian Penal Code, the Arms Act, and the Maharashtra Police Act when he was sixteen years and two months. The boy was kept in an observational home while his father was asked to prove his age. The father produced a bona certificate from the son’s school and aadhar card. The date of birth on both documents was June 5, 2005. The police inspector then threatened the father and sent the child for medical examination to ascertain the boy’s age. The report said the age of the boy is 20 to 21 and the magistrate allowed police custody of the child.
The case came up before the bench after a writ of habeas corpus was filed by the father of the child that he was asked to bribe Rupees 50000, for the police to treat his child as a minor, and if the amount was not paid the police would try him as an adult. The division bench had ordered to produce the 17-year-old before the court who was lodged in Thane Central Prison. The bench also directed the commissioner of North Zone to inquire into the allegation against Police Inspector Samadhan Wagh.
Further, the boy was directed to be produced before the Juvenile Justice Board, and the board is to pass appropriate orders under the Juvenile Justice (Care and Protection of Children) Act. The investigation is also directed to be handed over to a senior inspector Jeevan Kharat.
CASE TITLE: Vikas Ramji Yadav vs. State of Maharashtra
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