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Allahabad High Court rejects bail petition from juvenile sex offender, saying it would mean justice defeated


New Delhi (ILNS): The Allahabad High court has rejected a revision petition filed by a 14-year-old boy, accused of having sexually molested a child. The petition was against the order passed by the special judge of a POCSO court, rejecting his bail application. The court rejected the revision petition and refused to grant bail, because of the nature of the crime he was accused of.

As per the FIR, the victim was playing with other children of the locality when the accused molested her. The mother of the victim filed a case with the police. A case is a Crime no. 530 of 2018, under Section 376 IPC and Section 3/4 of the POCSO Act. It was registered at Panki Police Station in the district of Kanpur Nagar.

The accused had approached the Juvenile Justice Board and asked it to declare him a child in conflict with the law. By order dated January 1, 2019, the revisionist was adjudged to be about 14 years old.

The court said:

“The gravity of the charge, manner of its perpetration, circumstances in which the offense is alleged to have been committed, its immediate and not so immediate impact on society at large and the locality, in particular, besides its impact on the aggrieved family, are all matters to be taken into reckoning while judging a juvenile’s bail plea.”

The counsel for the revisionist stated that the revisionist was a child in conflict with the law and should be granted bail.

It was argued that while considering bail of a child, the merits of the case or the gravity of the crime should not be considered. It was further argued that the revisionist did not fall in any disentitling categories and therefore should get bail.

The bench of Justice J. J. Munir observed:

“His actions have led to a situation, where prima facie no child of tender years, and more than that the parents or the guardians of a young child, would feel safe during their daily routine.”

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The Allahabad High Court held that if the revisionist is released on bail, then it would lead to justice being defeated.

-India Legal Bureau



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