22 Nov 2022 1:38 PM GMT
Denying bail to a Juvenile, a religious teacher, who allegedly raped an 8-year-old girl (his student), the Allahabad High Court today observed that he needed counseling by psychiatrists/experts not only for his own betterment but also for the health of society."He needs to be extended services of reformatory and rehabilitatory nature so that he can move without posing danger to himself as well...
Denying bail to a Juvenile, a religious teacher, who allegedly raped an 8-year-old girl (his student), the Allahabad High Court today observed that he needed counseling by psychiatrists/experts not only for his own betterment but also for the health of society.
"He needs to be extended services of reformatory and rehabilitatory nature so that he can move without posing danger to himself as well as to the public and so that he can be brought back to the mainstream," the bench of Justice Jyotsna Sharma observed.
The bench remarked thus as it noted that the accused/Juvenile was the religious teacher of the victim and that he was supposed to be having even higher than usual moral standards of conduct.
"A person in whom she might have trusted as she would trust her own parents, sexually assaulted her and she sustained 1 cm. tear at 2 o' clock position causing fresh bleeding and also ruptured hymen perineum. It became difficult for her to urinate and defecate. The shock and trauma caused to the victim as well as her family can easily be understood," the Court further remarked as it took note of the trauma suffered by the victim.
Further, noting that the kind of violent sexual assault inflicted upon the victim suggested that the juvenile needed 'intensive counseling', the Court denied him bail while opining that counseling services to the Juvenile cannot be provided effectively outside the observation home/child care institution.
"Prima-facie, it appears that he is in real need of intensive counseling. Such a service cannot be provided effectively outside the observation home/childcare institution. Besides such measures may be required so that he grows into an adult with a healthy mind to serve his own best interest as well as the interest of society at large. In my view, he cannot be risked to fall into the same environs of which he is the product. He may be in dire need of counseling. Such juveniles need to be put under constant supervision of professionals," the bench observed.
The case in brief
The Court was dealing with a criminal revision plea filed by the Juvenile challenging an order of the Juvenile Justice Board, Kasganj, and an order of the Special Judge, (POCSO) Act, Kasganj (affirming the order of the Juvenile Justice Board) denying him bail in a rape case registered under sections- 376AB, 506 IPC and 5/6 POCSO Act.
He was implicated in the case pursuant to the registration of an FIR lodged by the informant alleging that her 9-year-old daughter was sexually assaulted by the Juvenile, who happened to be her religious teacher.
On her medical examination, injuries on her private part were found from which blood was oozing out. In her statement recorded under sections 161 and 164 Cr.P.C., she narrated the same story and corroborated the allegations as contained in the FIR.
Both, the Juvenile Justice Board and the Special Judge, (POCSO) Act, Kasganj denied him bail as they noted that in case he was released on bail, the ends of justice shall stand defeated.
At the outset, the Court, while agreeing with the orders of the JJ Board and POCSO Court, referred to the Allahabad High Court's order in the case of 'X' Minor vs. State of U.P [Criminal Revision No.1195 of 2022] wherein it was the gravity of the offence, as well as the merits of the matter, may be of ample significance when the Court has to form an opinion whether the case is one falling within the exceptions as envisaged under the proviso to Section- 12(1) of the Juvenile Justice Act, 2015.
Consequently, stressing the need of providing intense counseling to the Juvenile, the Court denied him bail to prevent the ends of justice from being defeated and to achieve the aim and goal of the salutary act.
"He should be kept in observation home under strict supervision and should be extended such reformatory services as are available under the scheme of the act," the Court concluded as it dismissed the revision plea.
Case title - X (Juvenile) v. State Of U.P. And 3 Others [CRIMINAL REVISION No. - 2521 of 2022]
Case Citation: 2022 LiveLaw (AB) 498
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