SrinagarJammu and Kashmir Juvenile Justice (Care & Protection) Act cannot be interpreted to work only for the benefit of juvenile who has committed an offence like rape while deny justice to victim and society, a court in Anantnag said on Tuesday.
The observation was made by a Chief Judicial Magistrate (CJM) Anantnag Mohammad Amin Mir while rejecting an application for bail by a juvenile accused of raping a minor in the south Kashmir district last month.
It is apparent that aim of the Jammu and Kashmir Juvenile Justice (Care & Protection) Act is to take care of both child in conflict with law as well as child who need care and protection, as such Section 13 of the Act cannot be interpreted in a manner so as to give advantage to only juvenile in conflict with law or ignoring need and welfare of the victim child, the CJM observed after hearing Persecuting Officer Bazila Bashir and counsel for the accused.
It cannot be interpreted to work only for the benefit of juvenile ignoring the cries of the victim child whenever, a child becomes victim of offences, let alone heinous offences like murder or rape, society craves and cries for justice, the CJM said and further observed that by showing misplaced sympathy to juvenile, who has committed an offence like rape, victim child and the society is denied justice which is not and cannot be the intention of law.
Referring to the instant case, the CJM said: The juvenile while committing rape cannot be treated to be an act which can be dubbed as a child’s mistake committed but satisfying his lust while demonstrating his pervert sexual behaviour.
The court said it is an act motivated with passion to lavish somebody’s modesty and the juvenile has treated the girl as a chattle which not only is a shameful act but has the tendency to send shock waves across the society.
Subsequently, the court dismissed the application for bail by the juvenile, born in 2002.
Case
According to police, on 25 December last year, a complaint was filed that the juvenile enticed the minor girl with an intention of having sexual intercourse upon her person. In the process, the police said, the juvenile concealed the girl, aged 13 to 14 years, at some unknown place.
On receipt of the report, police said, FIR came to be lodged and investigation started, during which the girl was recovered. On obtaining her date of birth, offence under Section 363, 376 RPC came to be added to the FIR, police said.
Police said that subsequently the juvenile was arrested on January 1 while one of accomplice was apprehended on January 6. One more accused is yet to be apprehended, the police said.