JAGDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed against the order dated 20.05.2020 passed by the Children's Court (Sessions Judge), Mansa, vide which, appeal filed by the petitioners against the order dated 01.05.2020 passed by the Principal Magistrate, Juvenile Justice Board, has been dismissed.

(2.) While dismissed appeal of the petitioners, Children's Court, Mansa, has observed that one of the petitioners have committed unnatural offence with the child victim and the other petitioner made video of the commission of offence. Thereafter, they made it viral by uploading on social media. It has been further observed that the present case is covered in one of the exceptions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and their release would expose them to physical or psychological danger as the parties are inimical towards each other.

(3.) On a specific query put to learned State counsel, he on instructions from ASI Gamdoor Singh, informed that both the petitioners' and victim's families are residing in the same village i.e. village Reond Kalan, Tehsil Budhlada, District Mansa and if, the petitioners are released on bail and stay with their families, they will ensure that they are not harassed by the family of the victim and if, any complaint is made by them, police will take steps in accordance with law immediately. In the present case, as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, there are only three grounds to decline bail to the juvenile. These grounds are reproduced as under: -