Madhya Pradesh High Court
Sachin vs The State Of Madhya Pradesh on 9 April, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:9662
1 CRR-504-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF APRIL, 2025
CRIMINAL REVISION No. 504 of 2025
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashish Tiwari - Advocate for the petitioner.
Shri Madhusudan Yadav - Govt. Advocate for the respondent/State.
ORDER
Notice of revision is served upon the victim.
This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children), Act, 2015 (hereinafter referred to as "JJ Act,2015") is filed assailing the order dated 15.01.2025 passed by Special Judge(POCSO) Distt. Ujjain (M.P.) in Cr.A. No. 06/2025, whereby the order dated 02.12.2024 passed by Juvenile Justice Board, Ujjain(M.P.) regarding rejection of application under Section 12(1) of the JJ Act for release of the child in conflict with law, was affirmed.
The exposition of facts, giving rise to this present revision petition, is as under :-
(1) As per the case of prosecution, victim aged 14 years reported to P.S. Raghvee Distt. Ujjain on 25.11.2024 that she is handicap by both legs and residing with her maternal aunt (Mausi) at Village Jagoti from last six Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM NEUTRAL CITATION NO. 2025:MPHC-IND:9662
2 CRR-504-2025 months alongwith her sister and brother. On the date of incident, her maternal aunt went to Village Jharkheda alongwith her brother and sister due to death of her uncle (phoopha). She was alone at home. Around 12:30 in the afternoon, the child-in-conflict-with law entered the house through terrace and committed sexual assault on her. When the victim shouted, Rameshwar came inside. The child-in-conflict-with law fled away. On such allegations, FIR was registered by PS Raghvee Distt. Ujjain for the offence punishable under Sections 64, 65(1), 74, 332(b) of BNS and Section 3/4 (2) & 7/8 of POCSO Act. The victim was sent for medico-legal examination. The statements of witnesses were recorded. Relevant seizure was made. On completion of investigation, Final Report was submitted .
(2) The father of child conflict with law filed application under Section 12 of JJ Act, 2015 before the Juvenile Justice Board, Ujjain (M.P.), which was rejected vide order dated 02.12.2024 on the ground that child in conflict with law may be harmed in association with known criminal and he would be exposed to moral, physical or physiological danger. The possibility of child-in-conflict with law repeating the offence with differently abled girl in future cannot be ruled out.
(3) Assailing the order dated 02.12.2024 of Juvenile Justice Board, Ujjain (M.P.), criminal appeal under Section 101 of "JJ Act, 2015" was filed before the Special Judge(POCSO), Ujjain (M.P.). Learned Special Judge(POCSO) Distt. Ujjain (M.P.) in Cr.A. No. 06/2025 affirmed the order of Juvenile Justice Board, Ujjain (M.P.) v i d e impugned order dated 15.01.2025.
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PMNEUTRAL CITATION NO. 2025:MPHC-IND:9662 3 CRR-504-2025 Feeling aggrieved by the order of learned Special Judge(POCSO), Ujjain this criminal revision is filed on the following grounds :-
1. The impugned order is unjust, arbitrary and bad in law, therefore, deserves to be set-aside.
2. Revision petitioner, child in conflict with law, is falsely implicated.
He has not committed any offence and no incriminating material was seized from his possession.
3. The Juvenile Justice Board as well as learned First Appellate Court have committed gross error of law while dismissing the application. The impugned order being against the spirit of law, deserves to be set-aside and the child in conflict with law, be given in custody of his parents.
Learned counsel for revision petitioner contends that the Juvenile Justice Board and the Appellate Court committed error in holding that possibility of repeated of offence with differently abled girl by the child in conflict with law cannot be ruled out, if he is released on bail and that the child-in-conflict-with law is in dire need of treatment and counselling by a psychiatrist/counseller to make him aware of the consequences of his act. Learned counsel further submits that the MLC report does not substantiate commission of sexual assault with the victim as no injury was found on the person of victim. There is no material to show that releasing him on bail would bring him in association with any known criminal or he will be exposed to moral, physical or physiological danger. Final Report has already been submitted.The father of the child in conflict with law gives assurance that he shall abide by all the conditions for release of revision petitioner on Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM NEUTRAL CITATION NO. 2025:MPHC-IND:9662 4 CRR-504-2025 bail.
Per contra, learned counsel for the State ably assisted by learned Counsel for complainant referring to social investigation report opposes revision petition and requests for rejection of revision petition considering the gravity of alleged offence.
Heard learned counsel for the parties.
Section 12 of the Juvenile Justice Act provides as under :-
"12. Bail to a person who is apparently a child alleged to be in conflict with law-
(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:9662
5 CRR-504-2025 Thus, it is apparent that Section 12 of the "JJ Act, 2015" mandates that child alleged to be in conflict with law, shall be released on bail under the supervision of Probation Officer or under the care of any fit person except in the circumstances laid down in the proviso to Section 12 of the "JJ Act, 2015", 2015 that if there are reasonable grounds for believing that :
1. The release is likely to bring him into association of any known criminal; or
2. The release is likely to expose him moral, physical or psychological danger; or
3. The release would defeat the ends of justice.
Section 3 of JJ Act, 2015 lays down the fundamental principles of care and protection of Children, as under :
(i)Principle of presumption of innocence: any child shall be presumed to to be an innocent of any malafide or criminal intent up to the age of of eighteen years.
(ii) Principle of dignity and worth: All human being shall be treated with equal dignity and rights.
(iii)Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.
(iv)Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM NEUTRAL CITATION NO. 2025:MPHC-IND:9662
6 CRR-504-2025 case may;
(v)Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry.
Thus, all the decisions referring the child need to be based on consideration that they are in best interest of child and to help the child to develop full potential. The main object of the Act is to treat the juvenile offender with utmost care and caution. The gravity of alleged offence need not be primary factor while considering his application for grant of bail.
The Juvenile Justice Board vide order dated 02.12.2024 relying upon the social investigation report rejected the application on the ground that if child in conflict with law is given the benefit of bail, the possibility of commission of such offence in future with differently abled girl child cannot be ruled out as the family members of the child-in-conflict stated that he is not aware of the consequences of his act and the child-in-conflict-with law is not under the control of his parents. Therefore, the Juvenile Justice Board had directed the Probation Officer to provide Psychiatrist/Counsellor twice every week to do counselling of the child-in-conflict with law. Learned Appellate Court affirmed the findings of Juvenile Justice Board.
The Social Investigation Report submitted by the Legal Cum Probation Officer, Ujjain suggests that the child in conflict with law was residing with parents and family. His family has good reputation in the village. His mother and father are earning livelihood by labour work. The child-in-conflict with law has taken education till 4th Standard and thereafter Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM NEUTRAL CITATION NO. 2025:MPHC-IND:9662 7 CRR-504-2025 left his studies. No criminal antecedent is reported against the child-in- conflict with law or his family members. The child in conflict with law was kept in Remand home at Ujjain from 27.11.2024 till 25.03.2025. Thereafter, he was transferred to Special Home at Indore. He maintained discipline at both the places and has actively participated in the training. The Social Investigation Report does not recommend institutionalisation of the child in conflict with law as his welfare measure. Rather, the Probation Officer has recommended that the child-in-conflict with law may be given a chance of his rehabilitation with family.
On perusal of impugned orders, it is apparent that none of the parameters for refusal of his rehabilitation with family is made out. The JJ Board and the Appellate Court did not consider aforestated aspects of the matter. Thus, the impugned order suffers from illegality and impropriety. Consequently, criminal revision is allowed and the impugned orders dated 02.12.2024 passed by the Juvenile Justice Board and 15.01.2025 passed by the Special Judge(POCSO), Ujjain are set aside. It is hereby ordered that child in conflict with law, who is in Special home at Indore, be released on bail and given in custody of his parents on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) and solvent surety of the like amount by the father to the satisfaction of Juvenile Justice Board, Ujjain (M.P.), subject to following conditions :-
(1) That, child in conflict with law will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or physiological danger by coming into association of Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM NEUTRAL CITATION NO. 2025:MPHC-IND:9662 8 CRR-504-2025 persons having criminal background.
(2) That, the child in conflict with law will not repeat the offence or get involved in any criminal activity.
(3) That, the child in conflict with law will be provided vocational training.
(4) The Parents shall produce the child in conflict with law before the concerned Probation Officer every fortnight and apprise him about compliance with aforementioned conditions.
(5) The Probation Officer will keep strict vigil on the activities of child in conflict with law and shall regularly submit social investigation report to the Juvenile Justice Board, Ujjain (MP) every month.
The breach of any of the aforementioned conditions shall entail cancellation of this order without any reference to this Court.
Certified copy as per rules.
(SANJEEV S KALGAONKAR) JUDGE sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 4/9/2025 6:30:27 PM