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2005 DIGILAW 582 (RAJ)

Ganesh v. State of Rajasthan

2005-02-21

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-This criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, "the Act") is directed against the order dated 011.2004 passed by the Sessions Judge, Udaipur (for short, "the Appellate Court" hereinafter) in Criminal Appeal No. 146/2004, by which the Appeallate Court dismissed the appeal field on behalf of the delinquent juvenile by his mother under Section 52 of the Act challenging the Order dated 011.2004 passed by the Principal Magistrate, Juvenile Justice Board, Udaipur (for short, "the Principal Magistrate" hereinafter ) in FIR No. 325/2004, Police Station, Pratapnagar, Udaipur. 2. I have heard learned Counsel for the petitioner and the Public Prosecutor for the State. I have also carefully gone through the Orders passed by the Courts below. 3. The facts of the case relevant and necessary for decision of this Criminal revision petition, are that on 010.2004, complainant Babu Lal lodged an FIR with Police Station, Pratapnagar, Udaipur, stating inter alia, that on 010.2004, at about 4:30 P.M., when his daughter Priyanka, aged about 4 ½ years, was playing, the accused-petitioner took the prosecutrix to his house and committed rape on her. After investigation, the police field a challan against the petitioner for the offence punishable under Section 363, 376 IPC. Petitioners mother filed a bail application under Section 12 of the Act for releasing the petitioner on bail, which was dismissed by the Principal Magistrate vide Order 011.2004. An appeal against that order was filed before the Appellate Court under Section 52 of the Act, which has been dismissed vide impugned order dated 011.2004. .4. It is contended by the learned Counsel for the petitioner that in view of the provisions of Section 12 of the Act, the petitioner is entitled to be released on bail. .5. Section 12 of the Act reads as under:-"Section 12. .4. It is contended by the learned Counsel for the petitioner that in view of the provisions of Section 12 of the Act, the petitioner is entitled to be released on bail. .5. Section 12 of the Act reads as under:-"Section 12. Bail to Juvenile.-(1) When any person accused of a bailble or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. .(2) When such person having been arrested is not released on bail under Sub-section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. .(3) When such person is not released on bail under Sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order." 6. From the perusal of Section 12 of the Act, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him, unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of delinquent juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Section 12 of the Act is a special provision injucting the Courts from refusing bail to a delinquent juveile except for the reasons stated in the section itself , i.e., if he be so released there are reasonable grounds for believing that he will come into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. 7. In the instant case, the allegation against the petitioner is that he committed rape on a minor girl of 4 ½ years. As per the report of the Probation Officer, after pursuing study upto Class II, the petitioner left the school and he is working as a Cleaner on some Auto. It has further been mentioned in the report of the Probation Officer that the petitioner uses to sit in bad-company and loiters like unbriddled-boy. His mother remains engaged in labour work and father uses to beat the drums and they have no control over the petitioner. Thus, the case of the petitioner falls within the exceptions provided under Section 12 of the Act. Keeping in view of the report of the Probation Officer, both the Courts below declined to release the petitioner on bail. In this view of the matter, as the parents of the petitioner have no control over him and he uses to live in the company of bad-elements, his release would defeat the ends of justice. More so, bail application has not been filed by the natural guardian of the delinquent juvenile as father of juvenile delinquent is the natural guardian. Both the Courts below have assigned cogent and convincing reasons for declining to release the petitioner on bail and after careful perusal of the orders passed by the Courts below, I am of the considered view that no illegality or error has been committed by the Courts below in refusing bail to the petitioner. 8. In this view of the matter, the revision petition lacks merit and it is dismissed accordingly.