CHETAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have challenged the order dated 24.12.2010, passed by the Juvenile Justice Board, Kota ('the Board', for short), whereby the learned Board has dismissed the bail application filed by the petitioners. THEy have also challenged the order dated 18.01.2011, passed by the Additional Sessions Judge No.5, Kota, whereby the learned Judge has upheld the order dated 24.12.2010.

(2.) THE brief facts of the case are that on 15.10.2010, one Guddy @ Anarkali had lodged a report at Police Station Mahaveer Nagar, Kota against eight accused-persons including the petitioners, wherein she alleged that she has been gang raped by four accused-persons, including the petitioners. On the basis of the said report, the police had chalked out a formal FIR, FIR No.505/2010 for offences under Sections 452, 323, 341, 147, 376 and 120B IPC. During the course of investigation, the petitioners were arrested. However, as they were juvenile delinquents, their case was placed before the learned Board. Vide order dated 24.12.2010, the learned Board dismissed their bail application under Section 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000 ('the Act', for short). Subsequently, the petitioners filed an appeal before the learned Judge. However, vide order dated 18.01.2011, the learned Judge, while upholding the order dated 24.12.2010, 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 gang 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).