Madhya Pradesh High Court: Subodh Abhyankar, J., dismissed a Criminal Revision filed by the petitioner under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The allegation against the petitioner was that he is aged around 15 years old and on 16-01-2021 at around 10.30 AM he had committed rape of a minor girl aged around 10-11 years old whereby she was left bleeding for a prolonged period of time. In her statement to the Police, she has also stated that around three days earlier also, the petitioner had committed rape on her.
Counsel for the petitioner submitted that the Courts have erred in not considering the fact that none of ingredients of the proviso to Section 12 of the Act of 2015 are satisfied in the present case, as there is no evidence or material on record that if the petitioner is released on bail, he is likely to come in contact with known criminal or in the event of hisrelease, he would expose himself to moral, psychological or physical danger; and his release on bail, would defeat the ends of justice.
Court found that so far as the age of the petitioner was concerned, it was 15 years whereas the prosecutrix in the present case was 10 years 4 months and 2 days. Her MLC revealed that she was initially treated at District Hospital, Jhabua on 16-01-2021, wherein it was noted that she was bleeding from her vagina since afternoon and had changed 5-6 pads since then. Later, she was transferred to MY Hospital, Indore for further treatment, from where she was discharged on 21-01-2021 wherein her exploration and repair of posterior vaginal wall operation was also performed.
The Court after perusing the records opined that it was not a fit case to exercise its discretion to release the petitioner on bail. The conduct of the petitioner clearly reveals that he committed the aforesaid offence with full consciousness and it cannot be said that it was committed in ignorance. The Court stated that, “An offence of rape, being carnal in nature, cannot be committed unless a person has the specific knowledge of the same. Thus, his release, in the considered opinion of this court, would defeat the ends of justice.”
The Court while dismissing the petition observed that,
“The Legislature has still not learnt any lesson from the case of Nirbhaya which is reported as Mukesh v. State NCT of Delhi, (2017) 6 SCC 1 as the age of a child is still kept below 16 years in heinous offences under s.15 of the Act of 2015 giving a free hand to the delinquents under the age of 16 years to commit heinous offences. Thus, apparently, despite committing a heinous offence, the petitioner would be tried as a juvenile only, because he is less than 16 years old as provided under Section 15 Act of 2015. Apparently, the present law to deal with such cases is totally inadequate and ill equipped and this Court really wonders as to how many more Nirbhayas’ sacrifice would be required to shake the conscious of the lawmakers of this Country.”
[Sunil (Juvenile) v. State of M.P., Criminal Revision No.853/2021, decided on 25-06-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
Counsel for the petitioner: Mr Vikas Rathi
Panel Lawyer for the respondent / State of M.P.: Ms Poorva Mahajan