In the case at hand V.K. Juvenile v. State of Rajasthan a special leave petition pursuant to Section 136 of the Indian Constitution was filed in opposition to the judgement and order of the Rajasthan High Court, which dismissed an appeal against the decision of the Special Judge, POCSO rejecting bail to the accused for offences under Sections 363, 366, 368, and 376 of the Penal Code, 1860 and Sections 3, 4, and 17 of the Juvenile Justice Care and Protection of the Children Act, 2015.
Due to familial problems, the accused and the victim’s wedding had to be annulled, so they were married in a temple. The culprit was detained on April 29, 2021, after the victim’s father complained to him. Chargesheets for violations of Sections 363, 366-A, 368, and 376 of the IPC as well as Sections 3, 4, 16, and 17 of the JJ Act were submitted by the accused. The Juvenile Justice Board rejected the accused’s initial bail application, which was submitted. The accused subsequently submitted a Criminal Revision Petition in accordance with Section 102 of the JJ Act as well as an appeal to the Special Judge, POCSO Cases, Kota. The High Court rejected the appeal when the defendant prefer the second bail application. The dismissal of the criminal revision petition by the High Court without taking the facts and circumstances into account infuriated the accused. Despite being a kid when they were apprehended, the defendant was tried as an adult. He spent 242 days at the Child Observation Home in Kota after being tried by the Juvenile Justice Board after spending 489 days behind bars.
Should a child who has broken the law be classified as an undertrial prisoner and freed after the first half of the allowed custody period?
Supreme Court verdict
The SLP was approved by the Supreme Court Division Bench of Justices A.S. Bopanna and Sudhanshu Dhulia, who also granted the accused’s release on bail.
The court stated that it was unnecessary to discuss every facet of the situation at this time with regard to the nature of the ruling issued by the High Court. The Court still acknowledged that the accused had been detained for more than two years as a result, the Court granted the petition and ordered that the accused be freed on bail, subject to the Trial Court establishing the necessary conditions. The petitioner must appear before the Trial Court right away, and a proper release order must be issued, the Court further ordered.
CASE NAME – V.K. (Juvenile) v. State of Rajasthan, Special Leave to Appeal (Criminal) No. 6278/2023