HC junks plea to release convict, now 24, held as juvenile in Pocso case | India News – Times of India

RAIPUR: Chhattisgarh high court has dismissed a petition to release a 24-year-old, who was a juvenile when arrested in a Pocso case, saying that taking a lenient view in such cases would open the floodgates for similarly convicted juveniles, which would be “highly detrimental to society and may create a law-and-order situation”.
In saying so, a division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru upheld the decision of a Kondagaon sessions court to transfer the convict to a prison for adults as he has crossed the age limit of 21.
He was aged around 17 years at the time of the offence in 2017. In 2019, he was found guilty of gang rape under IPC 3756(D) and Pocso Act and sentenced to 20 years in prison. He continues to be at a shelter for juveniles but a Kondagaon court recently ordered that he be shifted to a prison.
The convict moved HC, pleading for release on the basis of ‘positive reformative progress reports’ and a follow-up individual care plan, which indicated a ‘transformation in his behaviour’ during his stay in the juvenile facility.
The petitioner’s counsel contended that his ‘reformed behaviour’, as detailed in reports, justified his release or, alternatively, continuation in a juvenile care facility rather than transfer to an adult prison. They argued that his conduct demonstrated genuine repentance, compliance with institutional rules, and a positive outlook, with ‘no evidence of negative tendencies’. This reformation, they argued, would make the petitioner an asset to society upon his release.
On behalf of the state, deputy advocate general argued that the severity of the offence warranted a stricter consequence despite the ‘progress’ reported in his behaviour.
The state asserted that the additional sessions judge had acted within the norms of Juvenile Justice Act, which authorizes transfer of individuals above 21 years of age to an adult facility if deemed necessary for the completion of their sentences. The judge’s decision, the state argued, took into account both the reformative needs and protection of public interest.
After evaluating arguments from both sides, HC ruled on Oct 24 this year that the additional sessions judge’s order was lawful and did not contravene the petitioner’s rights under Articles 14 and 21 of Constitution. The court found that while the petitioner had shown signs of reform, the nature of the offence and potential risks justified his transfer to an adult prison.
“This court is unable to arrive at a satisfaction that on release of the petitioner, he would not indulge in the same kind of offence and there will be no chance of reverting to criminal activities. Another practical aspect of the matter is that it would be difficult even for the probation officer to keep watch on the juvenile and to monitor his activities after he is released.
Taking a lenient view and granting relief of such nature, as sought in this petition, would amount to opening of floodgates for the similarly situated juveniles which would be highly detrimental to society and may create a law and order situation,” the court observed.