SANDEEP KUMAR Vs. STATE

JUDGEMENT

(1.) This petition seeks bail for a juvenile who is in observation home since 29.10.2003. The juvenile was arrested by Police Station Alipur on 29.10.2003 for an alleged offence under Section 376/201/34 of the Indian Penal Code. The FIR in this case was lodged by the mother of the victim. The unfortunate victim was only six years old at the time of commission of offence. On 29.10.2003 at 6.30 p.m. the victim came to her mother with tears in her eyes and with blood on her clothes which were wet and told her that Sandeep (the petitioner) took her to his house and committed ganda kam with her. The child also reported that the mother of the petitioner first took off her clothes washed them and sent her back in those wet clothes. The Juvenile Justice Board declined bail to him. So did the learned court of sessions when approached in the revisional jurisdiction. The Juvenile Justice Board in its order dated 3.6.2004 observed that instances of sexual offences on minor girls were on the rise and that in this case although the accused was a juvenile the victim was also of a very tender age. The Board took into consideration the report of the probation officer but ignored the advice of the probation officer on the point as to whether the petitioner deserves institutionalisation. The learned Additional Sessions Judge in its order found that if the juvenile was admitted to bail, the society will be in moral and physical danger as the victim was very tender in age.

(2.) Though I do not agree with line of reasoning adopted by the learned Additional Sessions Judge, I agree with the conclusions drawn by the learned Additional Sessions Judge as well as the Juvenile Justice Board. Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 enumerates three grounds when a bail to the juvenile can be declined viz if there appears reasonable grounds for believing that: 1. The release is likely to bring the juvenile into association with any known criminal. 2. Expose him to moral and physical or psychological danger. 3. His release would defeat the ends of justice.

(3.) In order to examine whether any of the three exceptions is present in the case a social investigation report was called for by the Juvenile Justice Board. The important parts of the social investigation report are as under: 1. The social and economic condition of the family is satisfactory. 2. The mother of the juvenile is concerned about the future of the juvenile. 3. The companions of the juvenile are in the same locality. 4. The juvenile was not very keen in his studies. 5. The juvenile worked as a labourer for about two months and earned Rs.80/- per day. 6. The neighbours gave a favourable report about the behaviour of the juvenile. 7. The mother of the juvenile has full control over the juvenile. 8. The cause of delinquency is lack of proper guidance. 9.The juvenile says that he felt the genitals of the girl with his finger which caused bleeding.