Chandigarh, Jun 13 The Punjab and Haryana High Court has denied bail to three juveniles accused in a sexual assault case involving a visually impaired and specially abled minor girl, noting that she identified the accused by their voices.
Justice Shalini Singh Nagpal upheld the orders passed by the Juvenile Justice Board of Karnal and the additional session judge of the fast-track court in Haryana's Karnal, observing that the release of the juveniles would "certainly defeat the ends of justice".
The case came to light after the chairman of the Karnal Child Welfare Committee filed a complaint stating he had visited Ansal Town for work, where he saw a girl child eating soil. The child also appeared to be pregnant.
When he made an enquiry, her mother informed him that the girl was blind and specially abled and alleged that the offence had been committed in a nearby park.
She further alleged that one of the accused lived in the area and that his mother had threatened her against filing a complaint.
The state counsel supported the orders passed by the principal magistrate of the Juvenile Justice Board and later upheld in appeal by the additional sessions judge, arguing that the victim was a minor, specially abled and visually impaired.
It was submitted that the repeated sexual assault had led to her pregnancy. Though the victim could not name the accused, she had identified them by their voices, the counsel said.
The prosecution also informed the court that four of the 19 witnesses had been examined and argued that the accused obtaining regular bail on such grave and serious allegations would defeat the ends of justice.
The state counsel prayed that the revision petitions of the juveniles be dismissed.
In its May 29 order, the court referred to the Supreme Court order in a case from Rajasthan, noting that courts must remain sensitive while dealing with juveniles involved in cases of a serious nature like sexual molestation, rape, gang rape, and murder.
The Juvenile Justice Act of 2015 is a beneficial legislation intended for the reformation of the juvenile or child-in-conflict with law (CCL), the court observed.
However, while considering grant of bail to a juvenile, the court is required to consider all surrounding facts and circumstances of the case and not merely the beneficial object of the legislation, it said.
"The victim in the case is a mentally challenged, blind minor girl. The offence has been reported by the Chairman of the Child Welfare Committee, who found her pregnant, eating soil and declared her a child in need of care and protection. Upon medical examination, she was found pregnant," said the court.
"Prosecutrix has since been examined and has supported the prosecution's case, identifying the three CCLs by voice. The offence allegedly committed is grave and heinous and shakes the judicial conscience of the court," it said.
Even though the gravity of the offence alone is not sufficient to decline bail, in the wake of all attendant facts and circumstances of the case, release of the revisionists on bail would certainly defeat the ends of justice, the court order said.
"Thus, the CCLs do not deserve the concession of bail, notwithstanding the period of incarceration in place of safety," read the HC order.
