The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1448 of 2022 Arbaj Ansari @ Arbaj Alam 1. The State of Jharkhand 2. Chandani Praveen ------ Versus ----- … ... Petitioner … … Opposite Parties
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR -------- For the Petitioner For the State For O.P. No. 2 : Mr. Shashank Shekhar Prasad, Advocate : Mr. Achinto Sen, A.P.P. : Md. Faruque Ansari, Advocate Order No. 06 / Dated: 30th June, 2023 ------- Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State assisted by the learned counsel appearing on behalf of the victim-opposite party No. 2. 2. This criminal revision application is directed against the order dated 28.11.2022, passed in Criminal Appeal No. 33 of 2022, by the Court of learned Special Judge, POCSO Act-cum-Children’s Court, Palamau at Daltonganj, whereby and where under the appeal preferred by the petitioner under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dated 27.09.2022, passed by the Court of learned Principal Magistrate, Juvenile Justice Board, Palamau, in Lesliganj P.S. Case No. 123 of 2021, under Section 376-D of the Indian Penal Code and Section 4 & 6 of POCSO Act, has been dismissed, and the prayer for bail of the petitioner made under Section 12 of Juvenile Justice (Care and Protection of children) Act, 2015 has been rejected and the case is presently pending in the Court of learned Juvenile Justice Board, Palamau. 3. Learned counsel appearing on behalf of the petitioner has submitted that the gist of the allegations as set out in the F.I.R. is that the co-accused Khustar Ansari @ Rahman Raja used to establish physical relationship with the victim child aged 15 years under the promise of marriage and further it has been alleged that one day the co-accused Khustar Ansari @ Rahman Raja took obscene videographs of the victim and threatened her to make the obscene videographs of victim viral on social media and thereafter on 13.12.2021 she was called by the co-accused Khustar Ansari at some place away from the residence of the victim where three -2- Cr. Revision No. 1448 of 2022 persons namely, Rijwan, Sahadat and Arbaj (petitioner) were already present and all of them committed gang rape with her and then her mother & brother in the course of searching her reached there and rescued her. 4. It has further been submitted that the petitioner is completely innocent and the real story is that the brother of the victim was not happy with the relationship of her sister with the co-accused Khustar Ansari @ Rahman Raja and that is why her brother alongwith the co-villagers intervened and caught hold all the co- accused persons including Khustar Ansari @ Rahman Raja and this petitioner alongwith the two co-accused persons and Khustar Ansari was captivated by the brother of the victim and on the intervention of the co-villagers all the co-accused persons including this petitioner were set free, which has come in the case diary. Further it has also been submitted that the co-accused Khustar Ansari @ Rahman Raja had instituted one criminal case against several accused persons including the brother Noor Alam of victim girl for assault and Rangdari (extortion) and the present case is the counter of the same where petitioner has been falsely implicated. 5. Further it has also been pointed out that the allegation of the commission of rape is of 13.12.2021 and the F.I.R. was lodged on 25.12.2021 stating therein that all the co-accused persons namely Khustar Ansari @ Rahman Raja alongwith his friends including this petitioner had committed gang rape with her. 6. Learned counsel appearing on behalf of the petitioner has submitted that the social investigation report is in favour of the petitioner and there is no criminal antecedent history against the petitioner. 7. Further, it has been pointed out that this petitioner is a juvenile aged about 15 years and he is in custody since 30.07.2022 and therefore, it is urged on behalf of the petitioner to enlarge him on bail. 8. Further it has also been pointed out that the final report was submitted against two named co-accused persons namely; Rizwan Ansari and Sahadat Ansari, and they have been exonerated from the charges levelled against them. 9. Further it has also been pointed out that the present F.I.R. is the counter blast of the earlier F.I.R. which was lodged by the co-accused Khustar Ansari @ Rahman Raja against the brother of the victim who was intervening in the love affairs of the victim with the co-accused Khustar Ansari @ Rahman Raja. -3- Cr. Revision No. 1448 of 2022 10. On the other hand learned A.P.P. appearing on behalf of the State assisted by the learned counsel appearing on behalf of the victim has opposed the contentions raised on behalf of the petitioner and submitted that it is a heinous offence under which the victim has been exploited very badly by the co-accused Khustar Ansari @ Rahman Raja and also by this petitioner when both of them have committed gang rape with the victim by threatening her to viral her obscene videographs on social media. 11. It has also been pointed out that the statement of the victim has been recorded under Section 164 of the Cr.P.C. and she has fully supported the case of the prosecution that she was gang raped by several accused persons including this petitioner and the co-accused and therefore, the petitioner does not deserve to be enlarged on bail. 12. Having heard the parties, perused the records of this case. 13. It is found that the petitioner being a child is alleged to have committed gang rape alongwith the co-accused with a child-victim who is aged about 14 years. The victim has been examined under Section 164 of the Cr.P.C. and she has fully supported the case of the prosecution. It has also come in her statement that the co- accused has made obscene videograph of the victim and on the threat she was called in a secluded place and the co-accused Khustar Ansari @ Rahman Raja and this petitioner had committed gang rape with the victim by putting the victim in fear to viral her obscene videographs taken by co-accused Khustar Ansari. 14. It has further been pointed out that the statement of the victim recorded under Section 164 of the Cr.P.C. and further paras-2, 3 and 7 of the case diary have supported the case of the prosecution. Further it is also manifest from the F.I.R. that the delay in lodging the F.I.R. has been well explained in the F.I.R. itself. Since co-accused person Khustar Ansari @ Rahman Raja is also accused in this case and therefore, if this child is released on bail, the possibility of his coming into the association of known criminal cannot be ruled out at this stage of this case. Further it is also found that the petitioner-child has been alleged to have committed gang rape along with the offences under Sections 4/6 of the POCSO Act, it is necessary to keep a vigil upon the child in the Observation Home with a proper counselling and other suitable reformative measures in the interest of the child -4- Cr. Revision No. 1448 of 2022 petitioner inasmuch as his release would expose him to moral physical and psychological danger and as such his release would defeat the ends of justice and therefore, it is not just and proper to enlarge the petitioner on bail at this stage of the case. 15. The lower Appellate Court and the learned Juvenile Justice Board has rightly rejected the prayer of bail of this petitioner and therefore, there is no point to interfere in the impugned orders to enlarge the petitioner on bail at this stage of the case. However, it is found that charge-sheet in this case has been submitted against this petitioner child and therefore, the concerned court below is directed to conclude the enquiry / trial as early as possible as per the provisions of law. 16. Accordingly, this criminal revision application is dismissed. D.S./J.Minj (Navneet Kumar, J.)