(Reopens LGD25)

According to the FIR, the girl was allegedly sexuallyassaulted by her teenaged friend who had forcibly taken her ona motorcycle from outside her school on March 31 and took herto an apartment in Noida where he allegedly raped her. An FIR was registered at Bhajan Pura police station inNorth East Delhi for the alleged offences including gangrape,kidnapping, criminal intimidation, criminal conspiracy of theIPC and under the provisions of the Protection Of Childrenfrom Sexual Offences (POCSO) Act. The board concurred with the contentions of the counselfor the victim, advocates Satya Prakash Gautam and SumanArora, that the circumstances were created by the boy and itwas not a case of some "conducive or instigatingcircumstances". It also observed that the boy did not suffer from anyhallucination, delusion or any perception dysfunction as perhis mental status examination and the only flaw that waspointed out in his thought process was "immaturity" in problemsolving and "negative peer influence". "The CCL was in a normal state of mind, and it is not thecase that he was provoked or pressurised to commit the act. Hehimself got the victim in an inebriated state, facilitatingthe commission of the crime. Thus it is explicit that CCL hadthe requisite mental capacity to commit the crime," thejuvenile board said. PTI SKVARC