S.377 IPC | Orissa High Court Reduces Juvenile's Detention Period Who Was Held Guilty For Anal Intercourse With 4 Yrs-Old Boy

The Orissa High Court has reduced the period of detention of a child in conflict with law (CCL) who was found guilty for committing forcible anal intercourse on a four year old boy and was ordered to be detained in a place of safety for two years.

While affirming the guilt but lessening the period of detention, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held –

“It appears that the occurrence took place on 04.12.2022 and since the date of occurrence, the Petitioner/CCL is in custody for substantial period. Only three to four months only remain to be complete and undergo the sentence. Considering such circumstance, this Court is of the view that it shall not be desirable to keep the Petitioner/CCL in jail. Therefore, sentencing the Petitioner/CCL to undergo the sentence already suffered by him shall serve the ends of justice.”

Prosecution Case

On 03.12.2022, while the four-year-old victim boy was playing on the village road, the petitioner took him to a lonely place and put his penis into his mouth. When the victim cried, the petitioner-CCL forcibly penetrated his penis in the anus of the victim boy for which he sustained bleeding injury.

The petitioner threatened the victim to not disclose the aforesaid incident before anyone or else he would kill him. However, the victim informed about the incident to his father and subsequently, a case under Sections 377/506 of the IPC read with Section 6 of the POCSO Act was registered against the petitioner.

Finding prima facie evidence against the petitioner, the police submitted charge-sheet under the abovementioned charges and the petitioner faced inquiry before the Juvenile Justice Board as he was merely 14 years-old on the date of incident. After examining the evidence on record, the Board found the CCL guilty of the offences and ordered him to be detained in the place of safety.

Being aggrieved by the aforesaid order, the petitioner filed an appeal before the Additional Sessions Judge-cum-Children's Court, Bhubaneswar. But the appellate Court confirmed the findings of the Board. Therefore, the petitioner filed this criminal revision impugning the appellate Court's affirmation order.

High Court's Findings

After going through the depositions, the Court noted that the prosecution case is heavily dependent upon the testimony of the victim boy himself and his evidence is not corroborated by other evidence on record. Nonetheless, it held, despite of such non-corroboration, his evidence is above-board.

“The evidence of the victim is clear, cogent and trustworthy. In such circumstances, there is no infirmity in the impugned judgment and order of detention passed by the Juvenile Justice Board,” it observed.

Therefore, the Court was not inclined to disturb the findings arrived at by two lower judicial forums. However, it took into consideration the social investigation report which reflected that the CCL had no criminal antecedent. It was further recorded in the report that the petitioner might have committed the offence due to excitement and sexual aggression.

So far as the detention of the petitioner in safe custody is concerned, the Court took note of the fact that he has been in custody since the date of occurrence and merely three to four months remain for completion of his detention period. Thus, the Bench deemed it proper to modify the sentence to period already undergone.

Case Title: BPB v. State of Odisha

Case No: CRLREV No. 353 of 2024

Date of Judgment: September 06, 2024

Counsel for the Petitioner: Mr. Manas Kumar Chand, Advocate

Counsel for the State: Mr. Ch. Satyajit Mishra, Addl. Govt. Advocate

Citation: 2024 LiveLaw (Ori) 74

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