DAWALSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 439 of Code of Criminal Procedure, 1973.

(2.) THE petitioner is alleged to have committed the offence punishable under Sections 354(b), 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act', for brevity). The allegation is, on 07.01.2015, this petitioner squeezed the private part of the child, aged 6 years. When she screamed he retreated. The petitioner is aged 17 years 9 months. His application for bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 is rejected.

(3.) LEARNED counsel for the petitioner submits that from the complaint averments none of the offences alleged against him i.e., under Sections 354(b), 376 of IPC and under Section 4 of the POCSO Act are attracted. The report of the medical examination of the minor girl does not corroborate the complaint allegations. The alleged offence does not call for extreme punishment of death sentence or life imprisonment. Under the circumstance, he may be enlarged on bail.