JJ Board Acted Against His Interest By Not Providing Opportunity: Patna High Court Acquits Juvenile In Alleged Rape Case

The Patna High Court has acquitted a juvenile boy who was accused of raping a minor girl in the year 2011.

A Criminal Revision Petition was filed before the Court against the Judgment of the Fast Track Court by which the conviction and Order of sentence passed by the Juvenile Justice Board (JJB), was upheld.

A Single Bench of Justice Jitendra Kumar observed, “However, I find that while passing order under Section 15 of the J.J. Act, 2000, the J.J. Board/Appellate Court has not taken into consideration the Social Investigation Report to decide what was in the best interest of the petitioner. By sending him to special home for two years, the Board/Court acted against the interest of the petitioner by not providing him appropriate opportunity to continue his studies. He should have also directed District Administration to help the poor family of the petitioner to tide over his economic hardship by way of ensuring benefits of poverty alleviation government schemes.”

Additionally, the Bench recommended the Bihar State Legal Services Authority to pay compensation to the victim as per the Bihar Victim Compensation Scheme 2014, within one month.

Advocate Pankaj Kumar Jha represented the Petitioner, Advocate Shashi Priya was appointed as the Amicus Curiae, APP Upendra Kumar appeared for the Respondent (State), and Advocate Raja Ram Mishra represented the victim.

Case Background

A case was registered against the Petitioner-accused (juvenile) and the co-accused for the offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (IPC). As per the prosecution case, the Petitioner and the co-accused entered the house of the victim in the morning when she was working in the kitchen and was alone at home. Her mother was away from home for the purpose of cultivation work. Allegedly, the accused persons put ‘gamcha’ on the victim’s mouth and eyes and took her to a maize field where they committed penetrative sexual assault on her, leading to injury on her private part. After coming home, the victim stated to her mother about the alleged offence committed against her.

At the stage of investigation, both the accused persons took plea of juvenility and hence, their records were transferred to JJB. However, after investigation, chargesheet was submitted only against the Petitioner, finding the co-accused innocent. But, during juvenile inquiry, the co-accused was summoned under Section 319 of the Criminal Procedure Code, 1973 (CrPC) and his record was subsequently separated from that of the Petitioner. After inquiry, the Petitioner was found to be guilty and was directed to be kept in the Special Home for two years under Section 15(1)(g) of the Juvenile Justice Act, 2015 (JJ Act). The accused challenged his conviction before the Sessions Court but the Appellate Court upheld the same. Being aggrieved, he approached the High Court.

Court’s Observations

The High Court in the above context of the case, noted, “Coming to the case on hand, I find that as per the Social Investigation Report by the Probation Officer as available on record, there is no criminal antecedent of the Petitioner. As per the co-villagers and representatives of the people, the petitioner was of co-operative nature. As per further report, his father is a labourer and his mother is a housewife and they have one house and two katha of land. He has four brothers and three sisters. His eldest brother is also a labourer working in Punjab and Haryana, his second brother is a student, studying in intermediate, his third brother is studying at a Gurukul at Samastipur, one of his sisters is married, whereas two other sisters are minor.”

The Court further took note of the fact that as per report, no villagers made any adverse comment against the accused and as per them, he was not guilty of the alleged offence and that his mother, during inquiry, regarding age has deposed that he studies at his village school.

“In view of the aforesaid facts and circumstances, both the judgment of conviction and the order of sentence passed by the J.J. Board and learned Appellate Court below are not sustainable in the eye of law, and hence, they are liable to be set aside”, it held.

The Court said that both the JJB and Children Court found the accused guilty of penetrative sexual assault committed against the victim of this case but neither passed any order regarding compensation payable to the victim.

“The power to direct payment of compensation to the victim under Section 357 Cr.PC is not only conferred on the Trial Court but even on the Revisional and Appellate Court as provided under sub-Section 4 of Section 357 Cr.PC.”, it also enunciated.

The Court was of the view that the general principles regarding compensation to the victim as provided under the CrPC or Special Acts like the POCSO Act are equally applicable in criminal proceedings which are required to be conducted by the J.J. Boards or the Children Courts.

Compensation to the victim

The Court observed, “Like General Criminal Courts or Special Courts, J. J. Board and Children Courts are also duty bound to pass order regarding compensation payable to the victims, if any. … Coming to the case on hand, I find that for want of proof beyond reasonable doubts against the petitioner, he has been found not guilty but informant has been found to have suffered sexual offence, and hence, she has been a victim under Section 2(wa) of Cr.PC.”

The Court held that the victim is entitled to get compensation under Section 357A CrPC irrespective of conviction, acquittal or discharge of the accused.

“It has been also already found that not only the Trial Courts, but even the Appellate and Revisional Courts are equally duty bound to pass such order regarding compensation to the victims in their final judgments even if the appeals/revisions have been filed by a party other than the victim, only condition being that appeal or revision or any other proceeding arising out of the crime is pending before the Court”, it added.

Accordingly, the High Court allowed the Petition, directed the payment of compensation to the victim, and acquitted the accused.

Cause Title- ABC v. The State of Bihar (Case Number: CRIMINAL REVISION No.819 of 2019)

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