Observing that the crime attributed to him prima facie appears grave and heinous, and not a “juvenile” offence, a local court in Kathua on Tuesday denied bail to the juvenile, who is among eight people arrested by police on charges of abduction, rape and murder of an eight-year-old girl in the district earlier this year.
In his order, Chief Judicial Magistrate Amarjeet Singh Langeh noted that the applicant is a juvenile, and his bail application thus needs to be considered in light of Section 13 of Juvenile Justice Act, which has an overriding effect.
However, he pointed out, the law carves out an exception, recommending denial of bail to a juvenile in two scenarios: when his release would conceivably bring him into association with any known criminal or expose him to moral, physical, or psychological danger; and, second, when bail will have consequences of defeating the ends of justice.
Pointing out that broad notion such as “ends of justice’’ essentially refers to justice to all parties, the victim included, CJM Langeh observed it is a preposition which is converse of in-justice. Ends of justice also implies preservation of balance between rights of an individual and rights of public at large, he said, but does not include vague and indeterminate concepts of justice.
“In the process of determination as to whether release of juvenile on bail would defeat ends of justice or not, factors like depravity or crime, its horrific nature and resultant public outrage, violence wrought on the victim and manner in which (a) child of flesh and blood was brutalized cannot be muffled,’’ the judge observed. On facts, he held, “it is held (that) scales of justice are hugely tilted against the application as of now”.
Pointing out that courts must be sensitive in dealing with a juvenile accused in heinous crimes such as rape and murder, the judge stated, “The criminal act attributed to him herein, by all conceivable standards, seems to be prima facie a grave and heinous criminal activity and not a juvenile offending.”
Meanwhile, Sub Inspector Anand Dutta and Head Constable Tilak Raj, two of the eight people arrested in the case, have filed a petition in J&K High Court and pleading that the probe be handed over to the CBI.
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