Bharat Singh Vs. State of Rajasthan - Court Judgment

Excerpt:
rajasthan children act, 1970 - accused child below 12 years not to be apprehended by police--held, he may be released on bail if asserted.;order accordingly - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - two thousand only) with one surety in the like amount to the satisfaction of arresting officer on the following conditions:vinod shanker dave, j.1. a school certificate of the petitioner has been filed which shows that the date of birth of the petitioner is 2-4-1975, which means accused has till date not completed even 12 years of age. it would be frustrating the provisions of the children's act if accused is permitted to be apprehended by police in a case of the present nature. the learned addl. sessions judge has not correctly appreciated the case law, cited before him. the rajasthan children's act, 1970 coupled with the modern theory of punishment provides for a social security to the juvenile offender and the courts are expected to apply these provisions with reasonable liberality. i am, therefore, inclined to give indulgence to the petitioner.2. it is hereby directed that before arresting the accused, his natural guardian shall be informed and in the event of the arrest, the sho/investigating officer shall release accused on bail forthwith provided his natural guardian executes the bond in the sum of rs. 2,000/-(rs. two thousand only) with one surety in the like amount to the satisfaction of arresting officer on the following conditions:(1) that the petitioner shall make himself available for interrogation by a police officer as and when required;(2) that the petitioner shall not directly or indirectly, make any inducement, threat or a promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer; and(3) that the petitioner shall not leave india without the previous permission of the court.