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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Ak (minor) – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The present revision is directed against the judgment dated 4.12.2013, passed by learned Sessions Judge, Mandi, District Mandi, H.P. (learned Appellate Court), vide which the appeal filed by the child in conflict with law (CCL) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present revision are that the police received information that the dead body of a female was lying in an approach road rain shelter. The police went to the spot and found the dead body of a woman. A dupatta was tied around her neck. The police conducted the investigation and found that the CCL and other co-accused had stopped near the approach road rain shelter. The deceased also came to the rain shelter. The CCL and other co-accused had raped the deceased. Her head hit something in the rain shelter. They attempted to take the woman to the jungle but her dupatta got entangled in her neck and she died on the spot. CCL and co- accused found Rs.3560/- in her purse and distributed the money amongst themselves. The police arrested CCL and the
The gravity of the offence does not justify denying bail to a juvenile; specific findings must be recorded to demonstrate risk of moral danger or association with known criminals.
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
Identity of the juvenile shall not be disclosed.
Point of Law - It is necessary to point out that identity of the juvenile in the present matter has been disclosed in impugned judgment and order which violates the right to privacy and confidentiali....
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
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