CHILD IN CONFLICT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision has been preferred under Sec. 397 read with sec. 401 of Cr.P.C alongwith sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "J.J. Act, 2015") against the appeal judgment dtd. 20/7/2022 passed by Third Additional Sessions Judge and Special Judge POCSO Act, District Satna, in Criminal Appeal No. 90/2022 arising out of Crime No. 920/2022 of P.S. Kolgawan for offences under sec. 376,376-A, 376-C and 377 of the IPC and sec. 5-M,5-N/6 of Prevention of Children from Sexual Offences, Act, 2012 (for short "POCSO Act"), whereby appeal has been dismissed and the order dtd. 12/7/2022 passed by the Principal Magistrate Juvenile Justice Board, Satna rejecting the bail application of child in conflict with law has been affirmed.

(2.) As per the allegations, on 29/6/2022, six years old prosecutrix's father alongwith his wife and father appeared at P.S. Kolgawan and lodged F.I.R. stating that he is a JCB driver. There are two shops on the ground floor of his house and out of these shops one iron shop is being run by Sonu Bhai and betel shop is being run by his father. He is blessed with two daughters. His eldest daughter is six years old and youngest daughter is five years old. On 29/6/2022 at around 3.00 P.M. after having meal, he was sleeping in his house. His elder daughter was playing near the shops. At around 4.00 P.M. his wife raised alarm and told him that elder daughter is bleeding, at this when he went near the shop, he found her daughter weeping bitterly in his father's lap. She was profusely bleeding and was without underwear. She informed that the Child in conflict with law, who is his neighbour, was sitting in his uncle's iron shop. As no one was there and shutter of the shop was half closed, he called her inside the shop and displayed some obscene material on mobile. Thereafter, he took-out her panty and committed rape/ aggravated penetrative sexual assault upon her. When she started screaming, he pressed her mouth. Blood started oozing. Thereafter, he left her and proceeded towards his house. When she came weeping outside the shop, her grand father came and lifted her in his lap. His daughter was bleeding profusely. She was weeping due to severe pain. She was repeatedly taking the name of Child in conflict with law. They all had gone to the house of Child in conflict with law and he confessed his crime. F.I.R. was registered.

(3.) In medical examination of the victim, 2nd to 3rd degree perineal tear was seen, bleeding was present and heamotoma of vaginal wall was seen. The doctor has opined about signs of recent forceful intercourse. After giving first-aid, victim/ child was referred for further medical treatment. As Child in conflict with law was found juvenile, the charge sheet was filed before the Juvenile Justice Board. The Child in conflict with law was found 15 years and 3 months old in age. The social investigation report was called, wherein, it was observed by the Probationary Officer that juvenile in conflict with law has studied up to class-IX only. He had shun his studies after class IX. He is used to take drugs. His parents are labourers. Earlier, he had worked on daily wages in the victim's uncle shop also.