Advocates:
['M/s C VENKATESAN', '', 'AMICUS CURIAE', 'VIVEKANANTHAN', '', 'E CHANDRAN', 'PUBLIC PROSECUTOR', '', 'INTIMATION LETTER', 'D NO', 'DT']

BAIL SLIP

The Petitioner /Accused viz Mr. Ajith kumar, Male, Aged 15

years,rep by Mother natural guardian Rekha was released on bail

as per order of his Court dated 10/01/2022 in Crl.MP.No.12391 of

2021 in Crl.RC.No.877 of 2021 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 2.2.2022

Delivered on : 29.4.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Criminal Revision Case No.877 of 2021

Ajithkumar (Please refer para 53 of the order)

rep. by by mother and

natural guardian Rekha

... Petitioner

vs.

The State rep. by

The Inspector of Police,

W29, All Women Police Station,

Avadi, Chennai 600 054.

Crime No.9/2019

... Respondent

Criminal Revision Case filed under Sections 397 and 401 of

the Code of Criminal Procedure read with Section 102 of Juvenile

Justice (Care and Protection of Children) Act, 2015, to set

aside the conviction and sentence passed in J.C.No.21 of 2020

dated 17.3.2021 by the Juvenile Justice Board, Thiruvallur.

For Petitioner

: Mr.C.Venkatesan

For Respondent

: Mr.S.Sugendran

Government Advocate (Crl.Side)

Mr.R.Vivekananthan appointed as

Amicus Curiae for assisting the court

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The Criminal Revision Case has been filed by the

Petitioner/child in conflict with law represented by his mother,

seeking to set aside the order of detention rendered by the

learned Juvenile Justice Board, Thiruvallur in J.C.No.21 of 2020

dated 17.3.2021.

2. By the impugned order of detention, the Juvenile Justice

Board, Thiruvallur had directed for detention of the

petitioner/child in conflict with law in Government Special

Home, Chingleput for a period of three years for the offences

alleged against him punishable under Sections 5(j)(ii) read with

Section 6 of Prevention of Children from Sexual Offences (POCSO)

Act, 2012 merely by observing that the child had confessed.

3. Brief facts of the case are as under:-

(i) The petitioner/child in conflict with law and the victim

girl were aged about 15 and 17 respectively at the relevant

point of time and they were employed in the Exhibition Hall at

Pattabiram and during such time, they had developed intimacy

with each other and the petitioner had been in contact with the

victim girl constantly.

(ii) On being warned by her mother, the victim girl had

moved to her aunt's house after quarrelling with her mother.

(iii) Whileso, on 12.3.2019, the petitioner had

unauthorisedly entered into the house where the victim girl was

staying when nobody else was there and had penetrative sex with

the victim girl by apprising her that her mother would consent

for their marriage if they had sexual relationship and

subsequently, on several occasions, he had repeated such sexual

relationship with the victim girl as a result, the victim girl

had become pregnant during August 2019.

(iv) Subsequently, on 15.8.2019, PW1, the mother of the

victim girl, on coming to know through her elder daughter that

the petitioner had picked up quarrel with the victim girl with

regard to the paternity of the child, had lodged the complaint

with the police, which ended in a case registered against the

petitioner in Crime No.9/2019 on the file of the respondent

police for the offences punishable under Section 5(j)(ii) read

with Section 6 of POCSO Act, 2012.

(v) The case was taken up by the Juvenile Justice Board,

Thiruvallur in J.C.No.21 of 2020. Totally, thirteen witnesses

have been cited by the respondent police in the final report.

Whileso, the Juvenile Justice Board, on the pleading of guilt by

https://hcservices.ecourts.gov.in/hcservices/

the petitioner, had ordered for his detention in Government

Special Home, Chingleput for a period of three years under

Section 18(1)(g) of the Juvenile Justice (Care and Protection of

Children) Act, 2015, aggrieved against which, the prese