Kendrapara, Aug. 16: Police today said the minor girl, who was set on fire by two youths at Kharinasi village of the district on July 28, had not been raped.

The police made the assertions on the basis of the victim’s dying declaration, which was recorded in the presence of a magistrate at SCB Medical College and Hospital in Cuttack on July 29. The girl died on August 8.

The police told the court about the girl’s declaration and their subsequent framing of charges against the accused on August 12.

“The dying declaration of the victim was recorded according to the section 32 (2) of the Indian Evidence act, 1872. In accordance with the legal provisions, we made a submission of the declaration report to the local court on August 12,” said sub-divisional police officer (human rights protection cell) Shantanu Kumar Padhee.

Revealing the contents of the declaration, the police said the accused had allegedly attempted to rape her. “But, putting up a brave front, the victim had thwarted their bid. Her determined efforts not to allow the duo to sexually assault her had provoked the criminals to burn her alive,” the police said.

The incident at the coastal hamlet had triggered a statewide outrage.

In the FIR, the two youths had been accused of raping the victim and setting her on fire on July 28. “The rape was not perpetrated as mentioned in the FIR,” said Padhee.

The District Child Protection Unit has found both the accused to be minors after verifying their school admission registers.

District child protection officer Bijoy Ketan Sahu said: “It was investigated to ascertain the age status of the accused duo. After verifying the accused’s school admission records, a two-member inquiry team have concluded that they are minors.”

“According to their school records, both are minors, and despite the grave nature of offence allegedly committed by them, law does not permit the police to send them to jail,” human rights activist Biraja Prasad Pati said.

“The police have violated provisions of the Juvenile Justice (Care and Protection) Act, 2000. The Juvenile Justice Board will take up the matter as juveniles deserve a chance for reformation instead of punitive action,” said board member Bipin Bihari Barik.

“We are looking into the age factor of the accused. If they are found to be minors, they would be sent to a child reform home and their trial would take place in a juvenile court,” said superintendent of police, Kendrapara, Sarthak Sarangi.