XYZ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Revision Application has been filed under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 which is filed by the father of the juvenile in conflict with law who was 16 years and 7 months at the time of the alleged act.

(2.) The facts of the case as per the FIR which is registered on 20/3/2023 bearing FIR no.11195060230086/2023 registered with Vav Police Station, Banaskantha for the offence punishable under Ss. 363, 377, 506(2) and 114 of the IPC, Ss. 3a, 4(2), 5(I), 5(L), 5(M), 6, 14(2), 14(3) of the POCSO Act and Ss. 663, 67B of the Information Technology Act. The allegation is that one Hitesh Pandya had made a viral video of the applicant's son which came to be shown to him and the alleged act in the video, it is stated that the juvenile in conflict with law had forcibly committed unnatural offence with the son of the complainant aged about 8 years and was subjected to oral sex. The allegation is of aggravated penetration sexual assault and also recorded the video of that act of unnatural act which had gone viral and further the son of the complainant was threatened not to inform about the said incident or else would face dire consequences.

(3.) Advocate Mr. Virvadiya submits that the present juvenile has completed his HSC examination and also states that the main accused Hitesh Pandya had threatened the applicant and had forced him to do the act and thereafter had blackmailed him after consciously videographing the entire incident and the video was made viral.