Intellectual brilliance meaningless if moral character is not good: Gujarat High Court on juvenile booked for sodomising boy

If the moral character of a person is not upright, his or her intellectual brilliance will be meaningless, the Gujarat High Court observed while hearing a plea filed by a 16-year-old boy booked under charges of rape and unnatural sex for sodomising an 8-year-old boy..Single-judge Justice Gita Gopi was responding to an argument by the counsel for the juvenile boy who said that he just passed his 12th standard and is a bright child."So what? What is this bright child etc? I am not going to consider this bright child argument. If your moral character isn't bright then your brightness (as a student) have no value at all. Such children cannot be allowed to freely roam in the society," Justice Gopi said.At this, the boy's counsel urged the bench to consider the minor's "future" as his continuous custody would impact his future. However, the Court underscored that it has nothing to do with the future of such boys. "Courts have nothing to do with future of such boys. We are only concerned about the future of girls and boys, who can be subjected to the horrendous acts by him in future," the judge remarked. .During the hearing, the bench noted that the probation officer's report submitted by the juvenli's counsel was not in his favour. The bench further noted the submission that the co-accused in the instant case, who is a major (19-year-old), had shot the video of the juvenile sodomising the minor victim boy and had blackmailed him. It further considered the fact that the co-accused had circulated the videos on social media. It therefore, sought to know the family background of the JICL, to which, the counsel responded saying that his father is a labourer and he hails from a poor financial background. "What is the guarantee he would not repeat such acts since he hasn't been under the control of his parents," Justice Gopi told the counsel. Responding to the bench's remark, the counsel urged the court to consider the fact that the juvenile had cleared his class 12. "He did not clear the exams because he was under custody of his parents. He passed the exams because he was under the guidance of the correctional home staff," the judge said.The Court eventually passed an order directing the juvenile's father to file an affidavit assuring the court that he will ensure that his son does not indulge in similar acts.The case will be heard again on July 20.