The Allahabad High Court in the case Mr.X(Minor) v. State Of U.P.And Another observed that factors such as the nature of the crime, the manner of commission, the methodology adopted and the evidence available assume ample significance in deciding to deny bail to a juvenile.
The bench comprising of Justice Jyotsna Sharma observed and is stressed that bail to a juvenile is not a must in all cases as it can be denied if in the court’s opinion of the accused release would defeat the ends of justice.
Background of the case
In the present case, an F.I.R. was lodged by the mother of the victim alleging that when her 6-year-old daughter was playing outside her house, the accused juvenile of age 15 years, lured her on the pretext of giving toffee and after then took her behind a hut and committed rape on her.
The present matter was brought before the Juvenile Justice Board as the accused being a juvenile; wherein his age was found about 12 years and 10 months in an age determination inquiry. However, the social investigation report was called, wherein the District Probation Officer observed that the boy requires strict control and supervision. The Juvenile Justice Board declined the bail of the juvenile and the appeal preferred on behalf of the juvenile was also dismissed.
While challenging both the orders, the accused juvenile in question moved the instant revision petition before the High Court.
Court Observations
It was observed by the Court that to give meaning to the phrase ‘ends of justice’ and the matter of bail has to be seen literally through a prism having three angles, i.e., firstly, the angle of welfare and betterment of the child itself, i.e., in the best interest of the child, secondly, demanding of justice to the victim and for her family and thirdly, the concerns of society at large.
The court while examining the facts and circumstances of the case observed that a girl of the very tender age of 6 years was put to violent sexual assault by a boy of being merely 15 years old after she was enticed in a well-planned manner by offering her sweets.
Accordingly, the court remarked as it dismissed the criminal revision petition, stating that the shock and trauma caused to an innocent girl, who had no understanding and inkling of the act with which she had to go through and the resentment which was caused to the members of her family, can easily be understood.
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