SAHUKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 28.02.2011, passed by the Principal Magistrate, Juvenile Justice Board, Alwar ('the Board', for short), whereby the learned Magistrate had denied the benefit of bail to the petitioner, and also aggrieved by the order dated 11.03.2011, passed by the learned District and Sessions Judge, Alwar, whereby the learned Judge has upheld the order dated 28.02.2011, the petitioner has approached this Court.

(2.) THE brief facts of the case are that one Smt. Batuli had lodged a report at Police Station Ramgarh, District Alwar wherein she alleged that the petitioner had ravished her fourteen years old daughter. On the basis of the said report, the police chalked out a formal FIR, FIR No.174/2010 for offences under 363, 366 and 376/511 IPC. However, as the petitioner was a juvenile, his case was placed before the learned Board. Vide order dated 28.02.2011, the learned Board dismissed his bail application under Section 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000 ('the Act', for short). Aggrieved by the said order, the petitioner had filed an appeal before the learned Judge. However, vide order dated 11.03.2011, the learned Judge while upholding the order dated 28.02.2011, dismissed the appeal. Hence, this petition before this Court.

(3.) JUSTICE is neither a one way street, nor is it limited only to the accused. While rule of law demands that the accused be provided a fair trial, rule of law also dictates that the victim should have the feelings that justice has not only been done, but also appears to be done to him / her. If justice were not done to the victim, the victim would lose faith in the rule of law. Similarly, since crime is an act against the society, if justice were not done with the society, the faith of the society in the judicial process would be shattered. Therefore, the judiciary must balance the interest of the individual of the accused, on the one hand, with the interest of the victim and the society, on the other hand. Although it is true that the gravity of an offence cannot be the deciding factor, but while trying to administer justice, the Court must be conscious of the nature of the offence. It would be one of the factors to be kept in mind while trying to impart justice to the accused and to the victim, in particular, and to the society in general. In a case of rape to release the accused on bail would certainly defeat the ends of justice. This view has been held by this Court in the case of Om Singh @ Kuldeep Singh Vs. State of Rajasthan (S.B. Criminal Revision Petition No.1277/2010 decided on 28.03.2011).