Case Summary : Rayan Augustine Pinto v. State of Haryana and Anr. On 21 November, 2017

Author : Alisha Rahman

CASE BRIEF:

The body of seven years old Praduyuman Thakur was found, with throat slit, in the Ryan International School, Gurugram on September 8, 2017.

The boy’s father had filed a petition in the supreme court demanding a probe Pradyuman Thakur was an student at Rayan International School, who was found murder inside the ground floor washroom under inscrutable circumstances on 8 September  2017 in Bhondsi Gurgaon, India his death  was  controversial.

TITLE : Rayan Augustine Pinto v. State of Haryana and Anr. On 21 November, 2017.

PROCEDURAL HISTORY:

1. Both the above petitions have been taken up together as these arise from same FIR.

2. Petitioners is the both the petitions have been sought their pre – arrest bail in case  FIR No.250 dated 08.09.2017 registered  for the offence Punishable under section 302 Indian penal code ( IPC ), 25 of Arms act, 2005.

3. (for short Juvenile Justice Act) and section 12 of children from sexual offence (POSCO) Act, 2012 at Police station Bhondsi.

FACT: Pradyuman was rushed to the hospital and declared dead. On Saturday counseling’s time, the accused (student) was told front of Juvenile Justice.

 Accused cut throat by going ground floor (on the school ground floor). Pradyuman’s throat cut with a knife. After cutting throat Praduman vomited blood and fell on knife that led to another wound and a deep wound.

According to CBI, the Accused knew Pradyuman from a piano class.

In Addition, he alleged confessed in front of Juvenile Justice. That he was afraid of exam and had to postpone. And Accused (class 11^th student) was committed murder.

RULE: It’s deal with under section 300 IPC Code, 1860.

Section .300 talk’s about Murder – with the intention of causing bodily injury any person & the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.

Offence punishable under section 302 IPC.

Doctrine of Res – gestate, Indian evidence Act.

These different aspects of the purpose of criminal law will be examine under three heads.

1. Protection of the offender,
2. Punishment,
3. And protection of the community.

Purpose of criminal law is to protect individuals and property.

HOLDING: According first post .com, Senior Advocate Mukul Rahatgi and advocate Sandeep Kapoor, Appearing northern.

Zone  head of Rayan group , Francis Thomas was told  the bench  that after  the bar  association ‘a resolution , no lawyer was  ready  to  appear  for the Accused.

ANALYSIS: This case has been framed by Haryana police According to CBI, Praduyuman was killed because one class 11^th student wanted to get the exam postponed Praduyuman was a class 2^nd student of the school,  was found dead with his throat slit by a sharp weapon on the morning  of September 8 .the prime suspect  in the killing was bus conductor Ashok Kumar.

It most countries, there are very few cases where children are killed by other young children, According to the U.S. Department of Justice for 1996.