A Delhi POCSO court ordered the early release of a juvenile from a reformation home in a theft case. The court cited the importance of parental care and the juvenile's HIV diagnosis, reducing his six-month sentence to the two months already served.
A POCSO court in Delhi on Sunday ordered the release of a Child in Conflict with Law (CCL) from protective custody at a reformation home in a case of two-wheeler theft in 2025. While ordering the release of the juvenile, the court said that parental care is important for Child reformation.
He was sent in protective custody after he had pleaded guilty. However, his mother had approached the court seeking modification of custody.
Court's Rationale for Release
The court, while passing the judgement, noted that the CCL has already undergone a period of two months out of the six for the protective custody. The court also considered the assessment report showing HIV AIDS affliction.
Special Judge (POCSO) Somitra Kumar ordered the release of the juvenile after considering all the circumstances and submissions of advocate Ramey Krishan Rana, counsel for the mother of CCL, stating that it would serve and promote the ends of justice better than detaining CCL in the Special home.
Advocate Rana argued that the framing of the notice was contrary to law and procedure was not followed.
"The court is of the view that the object of sending the CCL to protective custody has been served and no useful purpose would be achieved by keeping the CCL in protective custody for the remaining period," Special Judge said in the judgement on Saturday.
The Judge emphasised, "Further, the CCL is required to reside in a congenial environment where he is provided with the necessary emotional support by his parents."
Sentence Modification and Health Considerations
The court further said, "Therefore, considering the totality of facts and circumstances of the present, including academic record of CCL, updated assessment report, subsequent development of the CCL being afflicted with HIV-AIDS and object and purpose of the J.J. Act, 2015 and to ensure that the CCL is afforded the best medical care as per the wishes of the parents of the CCL, the order of Juvenile Justice Board (JJB) of sending CCL to protective custody for six months is modified and reduced to the period which the CCL has already spent in protective custody."
Conditions of Release
The court has ordered the release of CCL subject to furnishing a personal bond of Rs 5000 and a surety bond through his mother and has directed the Superintendent of the Special Home to ensure the regular follow-up of medical consultation and medication is provided to the juvenile in view of his health condition.
"It is directed that the CCL shall be produced before the Psychologist attached to the JJB for counselling for 6 months," the court directed.
Case Timeline
Juvenile was apprehended in September 2025. He was sent in protective custody on January 3, 2026, after he admitted his guilt. (ANI)
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