Bandipora: A local court on Wednesday rejected the bail application of a juvenile accused of sodomy, in north Kashmir’s Bandipora District.
Chief Judicial Magistrate Bandipora, Raja Muhammad Tasleem rejected the bail application stating that there was every apprehension that the juvenile would again fall in the association of known criminals and that there are apprehensions that he shall repeat the offence again. Also that it appears the juvenile intends to grab the opportunity of his juvenility.
Police had arrested the juvenile on a complaint by the parents of victim alleging that their son was caught by the accused and he tried to commit unnatural offence upon him.
The accused approached the court seeking bail under Section 13 of Juvenile Justice Act (Care and Protection) Act pleading that a special court needs to be set up for holding the trial for juvenile besides granting him bail under special provisions of the act.
The counsel for the accused, advocate Sofi Feroz pleaded that the juvenile has been wrongly implicated in a “false and frivolous case as he has not committed any offence”. He said that he is facing the charge for the commission of the offence punishable under section 377, 511 RPC which he has not committed.
While invoking the Juvenile Justice Act 2013, the counsel pleaded for grant of bail stating that he should be presumed innocent till his guilt is proved and that his liberty cannot be snatched on the basis of allegations.
However, the state on behalf of the victim through prosecuting officers Hilal Ahmad and Abdul Rashid reiterated that the accused has committed a heinous and non-bailable offence. They pleaded that the crime is not only against the kid but is also against the whole society and that if the accused is released on bail, people will lose their confidence and faith which they have reposed in the impartiality of the courts.
After hearing both the parities CJM Bandipora rejected the bail application of the accused. While quoting the judgment of Supreme Court in Om Prakash Vs State of Rajasthan, CJM said the Juvenile Justice Act which is meant to treat a child accused with care and sensitivity offering him a chance to reform and settle into the mainstream of society, cannot be allowed to be used as a ploy to dupe the courts of justice while conducting trial and treatment of heinous offences and that invoking the act would clearly be treated as an effort to weaken the justice dispensation system and hence cannot be encouraged.
The court further observed that the offences like rape reflect the criminal mindset of the offender, as such any discretion under section 13 of the Act to such a person would amount to defeating the ends of justice. “Granting bail to such a juvenile will not only expose him to moral, physical and psychological danger but would also lead to the defeat of the ends of justice”.