[Juvenile Case] Gujarat High Court granted bail to a 16 years old boy, accused of committing unnatural sex with a minor boy

GUJRAT: Gujrat High Court granted bail to a 16 years old boy, accused of forcibly committing unnatural sex with a minor boy, aged about 13 years.

A Bench headed by Justice Samir Dave granted bail to the minor while restraining him from entering the society where the alleged victim lives. The Bench allowed the criminal revision application filed under Section 102 of the JJ Act to quash the order passed by the Sessions Court and the JJ Board, refusing bail.

The court granted bail to the minor keeping in view Section 12 of the Juvenile Justice Act. Section 12 provides that when a child is apprehended for allegedly committing any offence, he/she shall be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any person.

According to the Complainant, the Applicant aged 16 yrs 8 months take has taken Complainant’s minor son, aged 13 years, to a terrace and has forcibly committed sodomy. He also allegedly threatened the victim with death in the event the incident was disclosed to anyone.

Accordingly, an FIR was filed under Sections 377, 323, 506(1) of Indian Penal Code & U/S. 3(A), 4 & 18 of Protection of Children from Sexual Offences Act, 2012, and the Applicant was arrested in April 2022 and sent to a Child Observation Home.

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