Allahabad HC denies bail to juvenile religious teacher accused of sexually assaulting 8-yr-old student

The Allahabad High Court has denied bail to a juvenile, accused of sexually assaulting his 8-year-old student when she came to study religious scriptures from him. The victim had sustained such injuries on her private parts that it was difficult for her to urinate and defecate.

The bench of Justice Jyotsna Sharma said, "This kind of violent sexual assault is an indicator that the accused needs counselling by psychiatrist/experts not only for his own betterment but also for the health of society. He needs to be extended services of reformatory and rehabilitatory nature so that he can move without posing danger to himself as well as to public and so that he can be brought back to main stream".

Therefore, taking note of the facts that though the accused was a religious teacher, he had never been to a regular school and belonged to a very poor family where his parents themselves were illiterate, court opined that the accused could not be given that kind of atmosphere in his family as is required for his healthy physical and psychological growth.

"Prima-facie, it appears that he is in real need of intensive counselling", Court said. 

Accordingly, Court dismissed the criminal revision petition moved by the juvenile challenging the bail rejection order of the Juvenile Justice Board, Kasganj which was affirmed by the Special Judge, (POCSO) Act, Kasganj, and held that the juvenile "should be kept in observation home under strict supervision and should be extended such reformatory services as are available under the scheme of the Juvenile Justice Act".

The incident occurred in December 2020, when in the afternoon, the victim, a class III student, went to the house of the accused to study religious scriptures from him as usual. However, upon returning from accused's house, the child appeared shocked and frightened. When her mother inquired, only then the victim told that the accused had sexually assaulted her and threatened her not to inform the police.

Thereafter, a case was registered under Sections 376AB, 506 of the IPC and 5/6 of the POCSO Act against the accused. On the victim's medical examination, injuries on her private part were found from which blood was oozing out.

The Juvenile Justice Board refused to release the accused on bail which decision was also affirmed by the appellate court. The appellate court was of the view that the nature of the case showed complete depravity of mind and in case the accused was released on bail, the ends of justice would stand defeated.

Moving a criminal revision petitioner before the high court, the counsel for the accused had contended that the Board, as well as the appellate court, had ignored the mandate of proviso to Section-12 of the Juvenile Justice Act, 2015 and broader principles of law as applicable in the matters of bail to the juveniles.

However, the high court dismissed the challenge and opined that the juvenile needed to be kept in under constant supervision of professionals “so that he grows into an adult with healthy mind to serve his own best interest as well as the interest of the society at large”.