Paro police apprehended two boys, aged 14-year-old and 11-year-old for sodomizing a 6-year- old boy on 23 July 2019. The initial incident took place on 22 July at around 6:30 pm when the two juvenile suspects took the 6-year-old victim and raped him.
During the time of incident, the victim was playing in the park, whereby the two suspects took him to a quiet corridor in one of the buildings and committed the crime. The parents of the victim lodged the complaint after the victim complained of pain in his rectum to his mother. After witnessing bloodstain and after hearing his story, the parents went to the police following which both the suspects were tracked down. After their arrest the next day, two of them confessed to the crime.
As per the medical report, a tear in victim’s anus was reported. Police said that there was also an eyewitness, whereby when the person warned them about informing to the police, the suspects ran from the crime scene. There is also CCTV footage that proves that the two boys were taking the victim towards the crime scene.
Meanwhile, police said that the 11-year-old suspect was sent home on surety after counseling because he was not liable for any charges as per the Penal Code (Amendment) Act of Bhutan 2011 section 114. The section states that if a defendant is a child of 12 years and below, he/she shall not be held liable for any offence committed by him/her.
Police in addition said that the case has been booked under statutory rape whereby Penal Code (Amendment) Act of Bhutan 2011 section 181 which states that a defendant shall be guilty of offence of statutory rape, if the defendant engages in any act of sexual intercourse whatever its nature with a child below twelve years, or an incompetent person, either with or without knowledge of the person being a child or incompetent person.
The offence of the statutory rape shall be felony of first degree as per section 183 of Penal Code (Amendment) Act of Bhutan 2011.
However, section 115 of PCB 2004 states that, if the defendant is a Juvenile of 10 years above, a court may sentence the juvenile to a minimum of half of the sentence prescribed for the offence.
Sentence term of first-degree felony is 15 years of imprisonment term or life, and therefore, the 14-year-old juvenile suspect will be charged minimum of 7 and a half-year in prison if the charges does not defer.
Police have forwarded the case to OAG on 30 July and it was learnt from OAG that the case has been already forwarded to the court for a judgment. For now, the 14-year-old suspect is sent out on bail.