The main legal point established in the judgment is the gravity of child sexual abuse and the lack of registration and permission under the Juvenile Justice Act, leading to the rejection of the bail applications.

JUDGMENT :

S.K. Sahoo, J.

1. This case depicts a grim picture where protectors have turned predators and committed child sexual abuse on the girl students in an unregistered institution in a very calculated and diabolical manner. The protest of the victims who were subjected to sexual molestation, physical and mental torture, humiliation and harassment resounded within the four corners of the walls of the institution. By the time their plight was brought to the notice of the district administration, much water had flown under the bridge. The predatory mindset of the accused had destroyed their intelligence and conscience and they acted in an undignified manner burying their morality and under the garb of giving shelter to the poverty-stricken children, they intentionally caused harm to them physically, psychologically and sexually. The victims were left with such deep emotional trauma and scars in the inner world that it would be difficult to heal during the rest of their lives.

2. The petitioner Faiz Rehman in BLAPL No. 7760 of 2018 and the petitioner Udit Kumar Lima in BLAPL No. 339 of 2019 have filed these applications under section 439 of Cr.P.C. in connection with Dhenkanal Sadar P.S. Case No. 539 of 2018 corresponding to C.T. Special (POCSO) No. 79 of 2018 pending in the Court of learned Special Judge (POCSO ), Dhenkanal in which charge sheet has been submitted under sections 354-A, 341, 323, 294 and 506 of the Indian Penal Code, section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’) and section 42 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter ‘JJ Act’). Their bail applications were rejected by the learned Special Judge on 12.12.2018 and 26.12.2018 respectively.

3. One Pratap Kumar Acharya, Chairperson, Child Welfare Committee, Dhenkanal, Odisha lodged the first information report before the Inspector in charge, Sadar Police Station, Dhenkanal annexing the application given by some of the children of Good News India Dream Centre, Beltikiri (hereafter ‘Centre’) wherein it is mentioned that they have been physically tortured by the staff of the Centre and some of the girl children have been sexually abused by the petitioner Faiz Rehman who was Chairman of the Centre. There were altogether six teaching staff who were working in the centre and the children were prosecuting their studies in different schools while staying in the Centre. The petitioner Udit Kumar Lima was the Asst. Project Director of the Centre and he along with one Rani Didi were using abusive language against the inmates and assaulting them and they were also threatening to assault the inmates by means of shoes. It is further stated that the petitioner Faiz Rehman was hugging and kissing the girls students and whenever they were raising any objection or protest, he was threatening them to oust from the Centre.

4. The Inspector in charge of Sadar police station, Dhenkanal registered the case under sections 354-A, 341, 323, 294, 506 read with section 34 of the Indian Penal Code and section 10 of the POCSO Act and took up investigation of the case. On 02.12.2018 Mr. Subash Chandra Sahoo, D.S.P. IUCAW, Dhenkanal took up investigation of the case as per the direction of Superintendent of Police, Dhenkanal. During course of investigation, he visited the spot and it came to light that the petitioner Faiz Rehman after his schooling in Kolkata, left for USA in 1972 for higher studies. Though he belonged to Muslim community but later on he converted to Christianity. During his stay at USA, he came in contact with some NGO and after coming back to India, he formed an organization which was working in the name of Happy and Holy Home Society in Salagadia, Nayagram in the district of West Medinapur which was registered under West Bengal Societies Registration Act, 1961. He started a hostel at Amalapada, Angul in the year 2008 which was shifted to Dhenkanal town in the year 2012. The District Child Prote