Salit Pasi vs State Of Madhya Pradesh

The applicant has filed this criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by the order dated 29th September, 2018 passed by the Additional Session Judge, Rewa in Criminal Appeal No. 170/2018 whereby affirming the order dated 23.08.2018 passed in Criminal Case No. 136/2018 by the Principal Judge, Juvenile Justice Board, Rewa.

Case of the prosecution against the juvenile in conflict with law, in short, was that at the time of incident child was aged below 18 years. On the pretext of marriage, he allure the girl aged about 16 years and took her into the Surat where he committed forcibly rape against her. On 14.03.2018 her mother reported the matter before the Police Station Raipur Karchuliyan, District Rewa where a Criminal Case No. 136/2018 for the offence punishable under Sections 363, 366, 376 of the IPC has been registered. The child in conflict with law has been taken into custody and sent before the Juvenile Justice Board.

On behalf of the juvenile in conflict with law, his parents filed an application under Section 12(1) of the Act of 2015 for taking custody of the child.

Learned Principal Judge, Juvenile Justice Board declined to provide juvenile in conflict with law in the custody of his parents and dismissed the application vide order dated 07/05/2018. Thereafter on behalf of the juvenile in conflict with law, his parents have filed second application under Section 12 of the Act of 2015 which was dismissed by the learned Principal Judge, Juvenile Justice Board vide order dated 23.08.2018 on the ground that vide order dated 07/05/2018 first bail application was dismissed on the ground that the release of the juvenile in conflict with law is likely to suffer moral, physical or psychological danger. Being aggrieved by that order an appeal under Section 101 (1) of the Act of 2015 has been filed which was registered as Criminal Appeal No. 170/2018. The appellate Court dismissed the appeal vide order dated 29.09.2018 by affirming the order of the Juvenile Justice Board.

Being aggrieved by both orders, guardian of the juvenile in conflict with law filed this revision before this Court on the ground that the applicant is innocent and has falsely been implicated in the crime. Medical report of the prosecutrix does not support the fact mentioned in the FIR. There is nothing to show that the juvenile in conflict with law is a criminal. There was love and affair between him and prosecutrix, hence they decided to live as husband and wife. The report of the Probation Officer against the juvenile in conflict with law for his release on bail is factually incorrect and defies the mandate of Section 12 of the Act of 2015. The detention of the juvenile in conflict with law is, in fact, causing great injustice to him, therefore, he may be released on bail. If the applicant is given in custody, he will abide by the conditions imposed by this Court.

Learned Govt. Advocate opposes the application and submits that there is sufficient material available on record against the juvenile in conflict with law to keep him in Place of Safety.

Heard learned counsel for the parties and perused the case diary.

On perusal of the medical report of the girl, this report has not supported the Act of the applicant of sexually assault. Section 12 of the Juvenile Justice Act is read as under:-

Bail to a person who is apparently a child alleged to be in conflict with law.

When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

When such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

When a child in conflict with law is unable to fulfill the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.

Considering the facts and circumstances of the case, this Court finds that both the Courts below dismissed the application on the ground that juvenile in conflict with law committed a heinous offence, but not considered the material available in the case diary in proper perspective.

As per Section 12 of the Act of 2015, this Court finds that juvenile in conflict with law can be handed over in the custody of his guardian.

Accordingly, the revision is allowed. The impugned orders passed by the Courts below are hereby set aside.

Learned Juvenile Board is directed to release the applicant in the custody of his guardian on bail on furnishing a personal bond executed by his guardian in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) to the satisfaction of the trial Court i.e. Juvenile Court and Juvenile Court may fix a condition apart from the above, on which Juvenile Court seems fit to release the applicant in the custody of his guardian. Guardian of the applicant shall take proper care to the applicant that he does not and should not come into contact with any person, who are known as criminals and to prevent to expose the applicant to moral, physical or psychological danger or the person's release would defeat the ends of the justice.

In violation of any condition which imposed by this Court as well as imposed by the Juvenile Court, this order stand cancelled and the Juvenile Court would take action as per law.