In an incident that took place in Kanpur where a six year old girl was ravished by a 14 year old male, an FIR was lodged against him under Section 376 IPC and Section 3/4 of the POCSO Act. Thereafter, the accused moved to the Juvenile Justice Board to declare him as a “child in conflict with law”. Further, he prayed for the relief of Bail under section 12 of POCSO Act, which was rejected.
After the rejection of prayer of bail, he moved to the High Court.
While the accused’s counsel argued on the basis of the age of the accused, the court was of the opinion that if the accused after committing such a heinous crime would be released on bail, it would lead to the ends of justice being defeated.
The court also kept in mind the contents of the FIR wherein statements were given by the victim and her mother under to the police and the magistrate Section 161 and 164 of the CrPC, respectively.