Child In Conflict With Law vs The State Of Madhya Pradesh
2022 Latest Caselaw 4173 MP

THE HIGH COURT OF MADHYA PRADESH CRR-934-2022 Child in Conflict with Law Vs. State of MP

Gwalior, Dated: 25.03.2022

Shri Ram Kishore Sharma, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

This criminal revision under Section 397, 401 of CrPC read

with Section 102 of the Juvenile Justice (Care and Protection of

Children) Act, 2015 (in short "Act, 2015") has been filed against the

judgment dated 16.02.2022 passed by 6th Additional Sessions Judge,

Bhind, District Bhind in Cr.A. No.16/2022 thereby affirming the

order dated 11.02.2022 passed by the Juvenile Justice Board, Bhind

in Crime No.36/2022, by which the application filed by the applicant

under Section 12 of the Act, 2015 has been rejected.

According to the prosecution case, the applicant is facing trial

for offence under Sections 450, 376, 506 of IPC on the allegations

that on 03.02.2022 at about 03:00 PM, the prosecutrix who is a

married woman and mother of two children was in her house and

was doing dusting work. It was alleged that at that time, the applicant

who is aged about 16 years came inside the house and stated that he

likes her and, therefore, she should accompany him. It was alleged

that when the prosecutrix refused to accede to the request of the

applicant, then he forcibly committed rape on her. After her husband

came back, the incident was narrated to him and the FIR in Crime

No.36/2022 was lodged.

THE HIGH COURT OF MADHYA PRADESH CRR-934-2022 Child in Conflict with Law Vs. State of MP

It is submitted by the counsel for the applicant that under

Section 12 of the Act, 2015, gravity of offence is not the criteria, but

the application under Section 12 of the Act, 2015 can be rejected only

if it is found that there appears to be reasonable ground for believing

that the release is likely to bring that person into association with any

known criminals or expose the said person to moral, physical or

psychological danger or his release is not in the interest of justice. It

is submitted that although the allegation appears to be doubtful

because the prosecutrix is about 30 years and is a married woman and

mother of two children, whereas the applicant is aged about 16 years

but it is clear from the report of Probation Officer that neither the

applicant has any criminal history nor his conduct in the society was

not appropriate. It is also clear that according to the neighborers, the

prosecutrix is of unstable mind and on earlier occasion also, she had

leveled allegations of inappropriate behavior by other persons. There

is nothing in the report of Probation Officer to indicate that there is

reasonable ground to believe that release of the applicant is likely to

bring him into association with any known criminal or expose the

child in conflict with law to moral, physical or psychological danger.

Even there is nothing on record to show that the release of the

applicant would defeat the ends of justice.

Considering the totality of the facts and circumstances of the

THE HIGH COURT OF MADHYA PRADESH CRR-934-2022 Child in Conflict with Law Vs. State of MP

case, this Court is of the considered opinion of this Court that this

revision is liable to be allowed. Accordingly, the order dated

16.02.2022 passed by 6th Additional Sessions Judge, Bhind, District

Bhind in Cr.A. No.16/2022 and order dated 11.02.2022 passed by the

Juvenile Justice Board, Bhind in Crime No.36/2022 are hereby set

aside.

It is directed that on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rs. One Lac only) by the father of the applicant with

one surety in the like amount, to the satisfaction of the Children's

Court/ Juvenile Justice Board, custody of the applicant shall be

handed over to his father. Father of the applicant shall also furnish an

undertaking that he would produce the child in conflict with law on

each and every date as directed by the Children's Court or Juvenile

Justice Board, as the case may be and would not interfere or tamper

with the prosecution evidence or witnesses.

The revision succeeds and is hereby allowed.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2022.03.26 19:09:44 +05'30'