The accused was first arrested from Pune district in 2014, when he was 17 years old, for trial under Section 379 (punishment for theft). He was later found to have been involved in several robberies, thefts and dacoities, wherein he allegedly stole everything from cars, jewellery to mobile phones.
In a first-of-its-kind decision, the home department has transferred a juvenile offender to Yerwada Central Jail after Nashik Borstal School, where he was staying, requested that he be shifted from there since he was proving to be a bad influence on other children. The accused has 26 cases pending against him, including for serious crimes such as robbery and theft. In the past two years, he has fled twice from Nashik Borstal School and once from David Sasson Industrial School for young offenders. He was later caught on all three occasions.
The accused was first arrested from Pune district in 2014, when he was 17 years old, for trial under Section 379 (punishment for theft). He was later found to have been involved in several robberies, thefts and dacoities, wherein he allegedly stole everything from cars, jewellery to mobile phones.
In an order passed on April 4 this year, the home department used special powers under Section 12 of the prison manual of Maharashtra to take the extreme step of transferring the accused to Yerawada Central Jail. "The main concern of the homes is that the boy was found influencing other children to flee from the homes. He would also disturb them in their studies and would not let them reform for the better. Also, an offender of this nature needs a high-security prison," said a senior officer.
As per the manual, Section 12 can be applied to an offender detained by the court who escapes, or is reported to the state government by the inspector general to be incorrigible, or is likely to exercise a negative influence on other inmates of the school, or is more than 20 years of the age.
A controversy over juveniles accused in heinous crimes like rape, murder or robbery was raised soon after the December 16 gang-rape case of 2012, in which one of the accused walked out of a juvenile home within two years since he was a few months short of turning 18 at the time of the incident. In reponse to the protest, the Union government passed a new Juvenile Justice (Care and Protection of Children) Act, 2015 replacing the 2000 act. The new Act, which came into force in January 2016, allows for juveniles in the age group of 16–18 years, who are involved in heinous offences, to be tried as adults.
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