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The class XII student of the Air Force Bal Bharti School in south Delhi who was arrested for allegedly creating a porn website and posting vulgar remarks about his female classmates and teachers, was on Monday granted bail by a juvenile court in Mukherjee Nagar, north Delhi.
The juvenile court had earlier sentenced the 16-year-old boy to 14 days' judicial custody at the juvenile remand home in Timarpur, north Delhi.
Judges Sanjay Agarwal and Ila Rawat granted bail citing Section 12 of the Juvenile Justice Act 2000, which says that bail is a matter of right and not an exception. According to Section 12, "When a juvenile is brought to a court, he should be released on bail, if there is no chance of him/her absconding."
Justice Sanjay Agarwal remarked that students in the age group of the accused had a tendency to scribble graffiti in bathrooms, blackboards etcetera. He said that in the cyber era that we live in, the present case was an example of 'tech graffiti', adding that it should not be taken seriously.
The purpose of the law would be served not by detaining the boy but by rehabilitating him, the judge remarked.
The defence counsel argued that his client was depressed as his classmates teased him by calling him 'Patchy' referring to the patches on his body due to 'leukoderma'.
However, school principal M Titus denied receiving any complaint in this regard. She also told the court that according to rules, the boy had to be taken off the rolls.
The boy's class teacher told the court that his general behaviour was normal adding that he was an average student, though good in computers.
Showing grave concern for the boy's future, the judges remarked that keeping in view the purpose of the Juvenile Justice Act and United Nations rules for the care and protection of children, 'we should not let this childish activity spoil the boy's career'.
Noting that he was in class XII, which is an important milestone in a person's career, they said the school should not push him into the backwaters.
The boy's father told rediff.com, "My first concern was to get my son back home."
He pointed out that the police was yet to prove that his son alone was responsible for creating the website. He expressed unhappiness at the apathy of the school authorities towards his son.
The police has so far not charge-sheeted the boy.
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