Kelantan police chief Yusoff Mamat said the boy, who had allegedly raped his cousin, was detained to assist in an investigation, Sinar Harian reported.
However, V Vemal Arasan and Shamsher Singh Thind pointed out that Section 113 of the Evidence Act 1950 clearly states that a boy below the age of 13 years is incapable of committing rape, which is an irrebuttable presumption.
“It’s unfair for the police to say the boy ‘raped’ his cousin. He is only 11 years old. Legally, he is not capable of committing rape,” Vemal told FMT.
“The police can investigate the boy, but they cannot detain him.”
Vemal also questioned why no action was taken against the girl, who Yusoff said was handed over to the social welfare department.
He said that considering the girl is four years older than her cousin, she would have been more mature and knowledgeable about sexual activities.
“She is actually in a position of power and can be investigated for sexual abuse against the 11-year-old boy,” he said.
In a Facebook post, Shamsher asked Kelantan police to clarify whether one of their officers had indeed arrested the boy for committing statutory rape.
“If so, let me remind you that pursuant to Section 113 of the Evidence Act 1950, the law presumes that a boy below the age of 13 years is incapable of committing rape. And this presumption is irrebuttable,” he said.
Yusoff was quoted as saying yesterday that he was concerned about the rising cases of underage sex in Kelantan, with girls as young as 10 and boys as young as 11 found to be engaging in sexual relationships. - FMT
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