MANOJ KUMAR KURRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is heard finally today at the stage of motion.

(2.) The applicant is aggrieved by order dated 29-11-2005 passed in Criminal Appeal No. 286/2005 by Sessions Judge, Ambikapur whereby the appeal preferred against the order, dated 23-11 -2005 passed by the Juvenile Justice Board refusing to grant bail to the applicant, was dismissed.

(3.) Brief facts as revealed by the case diary which has been produced by the learned Government Advocate appearing for the State are that on 6-10-2005 the applicant aged about 16 years, and apparently a juvenile committed rape on Sonkunwar while she was returning from the market to her house, after dragging her to the field and pushing her on the ground. The case diary statements of the prosecutrix as well as her parents Leelavati and Babulal revealed that there was a compromise between the parties due to which no report was lodged about the incident. It further reveals that 2 days after the occurrence since there was a quarrel with the sister and mother of the applicant, a report was lodged in Police Station Haikunthpur which was registered as Crime Number-279/2005 under Section 376, IPC. The medical examination report of the prosecutrix also shows that no external or internal injuries were found on her and there was no evidence of rape. It was also opined that the prosecutrix was habituated to sexual intercourse.