An Anantnag court on Tuesday rejected an application for bail by a juvenile accused of raping a minor in the south Kashmir district last month.
Chief Judicial Magistrate Anantnag Mohammad Amin Mir rejected the bail plea of the accused juvenile after hearing Persecuting Officer Bazila Bashir and counsel for the accused.
“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 while rejected the bail application.
“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.”
Subsequently, the court dismissed the application for bail by the juvenile.