"As per school records both are minors and despite grave nature of offence allegedly committed by them, law does not permit police to send them to jail," human rights activist B K Pati said.
Pati said he had lodged a complaint with the chairman of the district juvenile justice board this morning.
"Juvenile Justice Board (JJB) will take up the matter as juveniles deserve a chance to reform instead of punitive action," said district JBB member Bipin Bihari Barik.
The 15-year-old school girl was allegedly raped and set ablaze by two youths in seaside village Kharinashi on July 28. The girl succumbed to her burn injuries on August 8.
Kendrapara Superintendent of Police Sarthak Sadangi said the matter was being investigated. Police was also verifying school records to ascertain the age of the accused.
Till date, nobody stated before police about the minor status of the accused. "We initially booked both under sections - 307 (attempt to murder), 376 (rape), 34 (common intention) of the IPC and a section of the SC and ST (Atrocity Prevention) Act," he said.
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