HC grants bail to juvenile accused of rape, says JJ Board needs to assess his mental & physical capacity to understand charges
According to the case details, the juvenile was in a relationship with a schoolmate, who was also a minor. The girl had died by suicide on the day her elder sister, aged 22 years, found her alone at home with the juvenile.
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Noting that the juvenile is a higher secondary student, the HC said, “Further detention in observation home would obstruct his study.” While granting him bail, the court concluded that his parents will ensure “that the juvenile will not fall into bad company”.The Gujarat High Court on Thursday granted bail to a juvenile accused of rape and also facing charges under the Protection of Children from Sexual Offences (POCSO) Act after it held that the Juvenile Justice Board and the children court needed to examine whether he had the mental and physical capacity to understand the consequences of the offences he has been accused of.
The HC noted that the Juvenile Justice Board (J J Board) and the children court are “required to take the assistance of experience psychologist or psycho social worker or other experts to examine the fact of mental and physical capacity of the juvenile in conflict with law to commit such offence and the ability to understand the consequences of the offence”.
According to the case details, the juvenile was in a relationship with a schoolmate, who was also a minor. The girl had died by suicide on the day her elder sister, aged 22 years, found her alone at home with the juvenile. The sister had scolded and beaten up the girl, following which she died by suicide.
The court, while granting bail to the juvenile, said, “Both the J J Board as well as Children Court are required to take into consideration the fact which is coming on record that they were in love relation.”
Noting that the juvenile is a higher secondary student, the HC said, “Further detention in observation home would obstruct his study.” While granting him bail, the court concluded that his parents will ensure “that the juvenile will not fall into bad company”.
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