Excelsior Correspondent
Srinagar, Jan 23: A local court today rejected an application for bail by a juvenile accused of raping a minor in 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,” observed Chief Judicial Magistrate Anantnag Mohammad Amin Mir after hearing Prosecuting Officer Bazila Bashir and counsel for the accused juvenile.
By showing “misplaced sympathy to juvenile, who has committed an offence like rape,” the court said, victim child and the society is denied justice which is not and cannot be the intention of law.
“The juvenile while committing rape cannot be treated to be an act which can be dubbed as a child’s mistake but satisfying his lust while demonstrating his pervert sexual behaviour,” the CJM said.
According to police, on December 25 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.
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