The main legal point established in the judgment is that when deciding on bail for juvenile offenders in the age group of 16-18, the court must consider the mental and physical capacity of the juvenile, the gravity of the offense, and the circumstances under which the offense was committed, in accordance with the provisions of the Juvenile Justice Act, 2015, and the POCSO Act.

JUDGMENT :

MOHD. ASLAM, J.

1. Heard Sri Tryambak Nath Mishra, learned counsel for appellant, Sri L.D. Rajbhar, learned A.G.A. for the State, Sri Mahabir Yadav, learned counsel for opposite party no. 2 and perused the record.

2. The instant criminal appeal has been preferred on behalf of appellant-juvenile under Section 101 of POCSO Act against the impugned order dated 19.5.2020 passed by learned Additional District and Sessions Judge/Special Judge (POCSO Act), Allahabad by which the 2nd Bail Application No. 1299 of 2020 moved on behalf of father of appellant for releasing him on bail and giving under the custody of his father was rejected.

3. The brief facts necessary for disposal of this appeal is that informant/opposite party no. 2 Deep Chand lodged a first information report alleging therein that on 9.8.2019 at about 12:00 ‘o’clock, his daughter victim X aged about 11 years was alone at the house and rest family members went to the field to plant paddy. His daughter went to take water from the hand pump installed at the Haata of his neighbor Ram Babu Vishwakarma son of Chhote Lal, who called his daughter at his house on the pretext of giving her water, when she went there, he forcibly dragged her into his room and committed rape upon her. She kept on protesting and shouting, while the appellant pacified victim X by pressing her mouth and told her Chamarin quietly go to home otherwise he will kill her and her family members. When the said incident was complained to Bhabhi and mother of appellant, they also abused complainant and said that if she complained about it anywhere, then his family members will not be able to show their faces in the society.

4. The informant supported the prosecution version in his statement recorded under Section 161 Cr.P.C. The wife of informant Smt. Amrawati also supported the incident in her statement recorded under Section 161 Cr.P.C. and also stated that she noticed the blood coming from the private parts of victim X and took her to the doctor, where doctor told her that some bad thing happened with her and advised her mother to ask from the victim X regarding bad deed happened with her. On asking, the victim X narrated the entire incident to her mother and family members, thereafter, she and her husband complained the incident to the Bhabhi and mother of appellant, they banished them after abusing and stated that whatever they liked they can do. The statement of victim X under section 161 Cr.P.C. was recorded during investigation in which she has supported the entire incident. She was medically examined on 15.8.2019 at 03:30 p.m. to 03:40 p.m. At the time of medical examination, the victim X told her age about 11 years. She narrated the entire incident to the doctor that on 9.8.2019 in the noon, she had gone to take water for cows and buffaloes from hand pump situated at the Haata of her neighbor Chhote Lal, where the appellant was present, she asked him to handle the hand pump, thereupon, he told that he will do it after finishing his food. Thereafter, the victim X was returning after taking water then the appellant requested her to give him water for drinking, upon which she gave him water and thereupon the appellant dragged her into the room and tied her legs and hands with lace of saari and forcibly committed rape upon her. After some time when the Bhabhi and mother of the appellant arrived there, the victim X narrated the entire incident to them, but they threatened her not to disclose the incident to anyone. Next day she also visited to Bhabhi of appellant on noticing that bleeding was continued, she stated to them regarding bleeding, thereupon they abused her and threatened to kill her and advised her to tell her family members that see sustained injury from hand pump. On returning to her house, she narrated to her mother regarding bleeding then her mother took her to the doctor and get her treatment, but she did not get any relief. Upon which, her mother took her to the house of her parent