ORAL ORDER

1. This application has been filed by the juvenile in conflict with law through his mother as a guardian under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereainafter referred to in short as the ‘JJ Act’) challenging the legality and the propriety of the order of the Juvenile Justice Board (for short ‘J.J. Board’) dated 02.04.2024 and the Children’s Court, Ahmedabad dated 02.05.2024.

2. The present application has been preferred for the purpose of obtaining Regular Bail in connection with First Information Report lodged on 07.03.2024 at Ramol Police Station, Ahmedabad being I – CR No. 11191024240210 of 2024 for the offences punishable under Sections 376(2)(n), 376(3) of the Indian Penal Code and under Sections 3(a), 4, 5(I), 5(L)

and 6 of the POCSO Act.

3. Heard learned advocate Mr. Kishan R. Chakwawala for the petitioner and learned APP Mr. Hardik Mehta for the respondent – State.

4. Rule. Learned APP waives service of notice of rule on behalf of respondent – State.

5. Learned advocate Mr. Chakwawala for the petitioner has submitted that the injuries as noted in the PM report of the deceased – victim cannot be attributed to the alleged act and the injuries as shown in column 17 and 19 from the PM report are because of the act of suicide committed by the victim owing to the fact that she was rebuked by her elder sister in presence of her friends. The victim has committed suicide because of the act of her sister while the allegations against the juvenile in conflict with law as per the record does not suggest of any culpable mentality.

5.1 Learned advocate for the petitioner submitted that the report of the Probation Officer also suggest that the age of the present juvenile in conflict with law at the time of alleged act was 16 years and 11 months. He submitted that friendly relationship may have culminated into a good future of both of them and stated that it was because of the act of the sister who is aged about 22 years, that the victim committed suicide. He, further submitted that the sister had rebuked the victim in presence of her friends – Aman, Sandhya and Jasmin. Learned advocate for the petitioner further stated that Aman Waghela is colleague of the elder sister of the deceased who is working in the office had accompanied her and thereafter she had called her friends Sandhya Ashwinbhai Patel and Jasmin Dashrathbhai Patel. On the day of the incident, when she returned home, on opening the house, she found the victim there and she questioned her as to why she is at home and thereafter deceased being afraid could not answer and on the top floor they found present juvenile in conflict with law. Learned advocate for the petitioner submitted that thereafter in presence of all the friends victim was scolded though she has not seen any such act between both the minors. It is submitted by learned advocate for the petitioner that the present juvenile in conflict with law ought to have been made witness and case under Section 306 of the Indian Penal Code should have been filed against her sister and her friends.

5.2 Learned advocate for the petitioner has submitted that when the juvenile in conflict with law was examined before the Doctor, he had given his history and stated that he was knowing victim since One and half year and both were in love relationship and they are studying in same school. Learned advocate for the petitioner has submitted that such relationship, if at all should be proved, the same should be considered in view of their age and psychology of adolescence and the romantic relation leading to intimacy. The statement of juvenile in conflict with law cannot be made admissible but the history before the doctor shows that at that time, sister of the victim had slapped her and he was asked to return to his home and he at about 7:00 or 7:30 came to know that victim had committed suicide.

5.3 Learned advocate for the petitioner is relying upon a decision in case of Ajitkuma