Kanpur: The designated POCSO Act court of Kanpur Nagar on Thursday rejected the criminal appeal of accused Israel who had been charged for physical exploitation of a minor girl.
On the complaint filed by the victim’s father, the Bidhnoo police had arrested accused Israel. The complainant in his report alleged that while his 16-year-old daughter was sleeping in a nearby cot, around 2 am, Israel forced his entry in the house along with two others and physically exploited the girl after shutting her mouth. After hearing her shrieks, her family members caught Israel while he was trying to escape. According to special public prosecutor Ganga Prasad Yadav, since the accused was a minor, his case was heard by the juvenile justice board where the accused preferred a bail application which was rejected on the basis of the reports filed by the police and the probation officer. Both had stated in their reports that there were all possibilities that the accused might fall in bad habit and be involved in other crimes.
The prosecution, opposing the bail plea, argued that the reports of the probation officer and the police had given a correct opinion that there was no guarantee that the accused would not misuse the bail. “If there is no criminal history of the accused, it will not reduce the weight of crime. The object of justice will be defeated if he is released on bail” the prosecution pleaded.
Judge Rajveer Singh observed in his order that the victim’s physical exploitation had been confirmed by her statement recorded under section 164 of the CrPC and the medical report.
The accused had committed the offence with the help of two co-accused which showed that parents of the accused had no control over him and, therefore, there were all probabilities that he would be involved in other crimes if released on bail. Citing a ruling in which Allahabad high court had observed, “Rape of a young child is suggestive of mental depravity and propensity to commit acts of such nature. Under the circumstances, the longer the juvenile is kept in care, the better it is for the society as well as for him. This court is, therefore, of the view that releasing the accused//appellant on bail would defeat the end of justice”
The judge further observed that on the basis of the finding that there was no legal error in the order passed by the juvenile justice board there was no need to interfere in its order. The appeal is liable to be rejected and the order passed by the juvenile justice board is being confirmed, the judge stated in the order.