BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A school certificate of the petitioner has been filed which shows that the date of Birth of the petitioner is 2 -4 -1975, which means accused has till date not completed even 12 years of age. It would be frustrating the provisions of the Children's Act if accused is permitted to be apprehended by Police in a case of the present nature. The learned Addl. Sessions Judge has not correctly appreciated the case law, cited before him. The Rajasthan Children's Act, 1970 coupled with the modern theory of punishment provides for a social security to the juvenile offender and the courts are expected to apply these provisions with reasonable liberality. I am, therefore, inclined to give indulgence to the petitioner.

(2.) IT is hereby directed that before arresting the accused, his natural guardian shall be informed and in the event of the arrest, the SHO/Investigating Officer shall release accused on bail forthwith provided his natural guardian executes the bond in the sum of Rs. 2,000/ -(Rs. Two thousand only) with one surety in the like amount to the satisfaction of Arresting Officer on the following conditions: