He committed the crime just 10 days before his 18th birthday. He knew the advantages of being a juvenile and was aware of the Juvenile Justice Act. He knew that if he murdered someone as an adult, he would face life imprisonment or death, but if he committed the same crime as a minor, the maximum punishment would be three years.
Ashish Kumar, Lawyer, Juvenile Justice Board to The Quint
In May this year, 18-year-old Sanjay (named changed) was charged with, and convicted of murder and attempt to murder. But since he committed the crime as a minor, he was given a sentence of one year at an Observation Home. Sanjay, who lived with his mother and grandmother in Najafgarh near Delhi, had been offered Rs 50,000 by Ranjeet (named changed) to kill the latter’s sister over a property dispute.
Sanjay later told the police that he had been compelled to commit the crime by Ranjeet. In his statement to the police, paraphrased below because statements under the JJ Act cannot be reproduced verbatim, he spoke of the circumstances that led to the act:
I was literally forced by Ranjeet to kill his sister. Initially, I refused to do so, but later, he told me that if I didn’t do so, he would get me implicated falsely in a criminal case. He also convinced me that being a juvenile, I would be released soon.
It helped that Sanjay was familiar with the criminal justice system. Prior to the murder, he had been chargesheeted for robbery using armed weapons. At the time of the murder, he was out on bail.
How Sanjay Carried Out the Murder
The story of how Sanjay carried out the murder is full of chilling detail: once he managed to procure a gun (from the conspirators of his previous crime), he went to Ranjeet’s sister’s home, where she lived alone with her 10-year-old child, on a pretext. Once inside, he asked for a glass of water. When she got him water, he reportedly picked up the glass with one hand and pulled out the gun with the other hand. He fired at her forehead from close proximity, not knowing that her son was standing right behind. The same bullet passed through her forehead and hit him. The mother died but the son survived.
For the act, Ranjeet paid Sanjay only Rs 26,000 out of the agreed Rs 50,000. But soon, the police were able to arrest both of them.
Was Sanjay in Desperate Need of Money?
Sanjay hails from lower middle class family. He was a class 9 dropout and his mother is the sole earner of the family. But he reportedly wasn’t in dire need of money. In fact, he used to get enough pocket money to meet his expenses.
He certainly wouldn’t have shared 50,000 rupees with his mother or grandmother. He planned to spend this money in purchasing clothes, phones and travelling.
Ashish Kumar, Lawyer, Juvenile Justice Board
Sanjay’s grandmother would often visit the Observation Home. Speaking to The Quint, she says he will be a changed person after his release.
I want Sanjay to pursue education. We will get him to sit for board exams. He committed the crime under the influence of the wrong people. But now he is reformed.
Sanjay’s Grandmother
According to Sanjay’s counsellor, some signs of his reform have been noticed. While in detention, he reportedly learnt to operate a computer. He is also reportedly willing to pursue higher education. Equally significant is the fact that Sanjay is aware that he is no longer a minor and can therefore receive hefty sentences for crimes.
Still, Sanjay’s story raises larger questions about society and the reform system.
Ranjeet’s threats, easy money and the benefits of being a juvenile are three reasons why Sanjay agreed to carry out the killing. Every day in court, I see the brazen behaviour of minors who are secure that they are protected by the law. They in fact threaten police officers if they are strict. One trip to an Observation Home is all a minor needs to understand the JJ Act. Sometimes we feel it’s easier to handle adults than juveniles.
Ashish Kumar, Lawyer, Juvenile Justice Board
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