Gujarat High Court grants bail to 16-year old accused

Gujarat High Court grants bail to 16-year-old accused of committing unnatural sex with 13-year-old

A Criminal Revision Application was filed under Sec-102 of Juvenile Justice Act, 2015 for setting aside and quashing the orders passed by Sessions Court and Juvenile Justice Board, along with granting regular bail in connection with FIR filed for the offences punishable under Indian Penal Code (IPC), 1860 and Protection of Children from Sexual offences (POCSO) Act, 2012.

Brief Facts

The Applicant, a juvenile aged about 16 years, was accused of taking 13-year-old minor son of the complainant to the terrace of his flat forcibly and had done unnatural sex with him. It was further found out that the applicant also threatened to kill the minor son, if he disclosed the incident to anyone. Hence, the FIR was filed and the applicant was arrested and sent to Children Observation Home. He was charged with the offences under Sec-377, Sec-323, Sec-506(1) of IPC and Sec-3(A) (Penetrative Sexual Assault), Sec-4 (Punishment for Penetrative Sexual Assault) and Sec-18 (Punishment for Attempt to Commit an Offence) of the POCSO Act, 2012.

Applicant’s Argument

The learned counsel of applicant submitted that applicant was falsely implicated as an accused and was innocent. They contended that the applicant was residing with his widow mother and will opt his further study in commencing academic year. They further contended that the applicant has no criminal antecedents and requested to allow the present application.

Observation by the Court

From all the submissions made by the respective learned counsels of both the parties, the Hon’ble Court observed that the present application requires consideration. Accordingly, Court allowed the application and quashed the orders passed by the Sessions court and Juvenile Justice Board. The applicant was released on regular bail in connection with FIR under aforementioned offences, but was subjected to various conditions derived by the court and applicant must with the same.

Vaishali Jain, Advocate & Associate – POSH at Work & Riddhima Khanna

Comments are closed.