Kanpur: The designated Pocsot court, Kanpur Nagar, on Wednesday rejected the criminal appeal of rape accused Dinesh Kumar in which he had challenged the order of the juvenile justice board.
Ganga Prasad Yadav, special prosecutor, stated that one Dinesh was arrested by the Naubasta police on the complaint filed by the victim's mother in which she had alleged that her six year old daughter had gone to attend the Tilak ceremony at Vijay Munshi’s house on June 2, 2019. Around 9.30 pm, one Satyam Gautam, a resident of the same locality, came to her with her daughter whose clothes had blood stains. Satyam said that Dinesh, a resident of Nayee Basti Panki, had enticed the girl and took her to a brick kiln and physically exploited her.
Police registered a case against Dinesh under section 376 IPC and section 3/4 of the Pocso Act. Since the age of the accused was 16 years, police filed the chargesheet in the court of juvenile justice board where the accused filed his bail application.The juvenile justice board sought a report from the district probation officer.
The special prosecutor said the probation officer in his report said that there were all possibilities that the accused might have been involved in other crimes, therefore, it was not in the interest of justice to grant him bail. The juvenile justice board, taking cognizance of the report, rejected the bail application and observed that there was no ground to grant him bail.
The accused then filed a criminal appeal before the Pocso court and urged that the juvenile justice board had not paid attention to his bail application and ignored the grounds of bail. He pleaded that he was a student and was living with his family, and that the police report was not reliable.
The designated Posco court judge Rajveer Singh in his order observed that the juvenile justice board had rejected the bail application of the accused on the ground that there were possibilities that he might join bad elements and commit more crimes.
The victim in her statement had narrated the act of the accused, therefore there was no need to interfere in the order passed by the juvenile justice board hence criminal appeal was being rejected and order passed by the board had been confirmed, the judge said.