The Punjab and Haryana High Court has refused bail to three juveniles accused of sexually assaulting a blind and mentally challenged minor girl, describing the alleged offence as one that 'shakes the judicial conscience' and warning that their release would 'defeat the ends of justice'.
Court's Decision
The decision was handed down on May 29, when the court disposed of all linked petitions. Justice Shalini Singh Nagpal dismissed the revision petitions filed by the juveniles, upholding earlier orders by the Karnal Juvenile Justice Board and the appellate court.
Background of the Case
The case came to light when Umesh Kumar, chairman of Karnal's Child Welfare Committee (CWC), found the girl eating soil near a hut in Ansal Town. The girl, who was later found to be pregnant, was able to identify her attackers by their voices. This detail was highlighted by Justice Nagpal while dismissing the petitions.
Legal Proceedings
The state had opposed bail, emphasising that the victim was a minor with severe disabilities and noting that four of the 19 prosecution witnesses had already been examined. Justice Nagpal noted that while one accused was named in the FIR, the others were identified through the statements of a co-accused.
The court observed that the victim, who has been declared a child in need of care and protection, corroborated the prosecution's case by identifying the three juveniles by their voices during her testimony.
Court's Observations
While acknowledging that the Juvenile Justice Act primarily aims for the reformation of juvenile offenders, the court stressed that the gravity of offences such as rape and gang rape requires a careful consideration of all circumstances before granting bail. 'The CCLs do not deserve the concession of bail, notwithstanding the period of incarceration in a place of safety,' Justice Nagpal said, underscoring that the facts of the case warranted continued detention to ensure justice.
The high court noted that releasing the children in conflict with law would undermine justice, given the heinous nature of the crime and the vulnerability of the victim.
