RAHUL UPADHYAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Manindra Mohan Shrivastava, J. (C.A.V.) - This revision petition arises out of order dated 30.04.014 passed in Criminal Appeal No. 21 of 2014, by which, juvenile's appeal against the order passed by the Juvenile Justice Board has been dismissed and the Appellate Court has affirmed the order passed under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the Act, 2000') directing the appellant to be sent to special home for three years.

(2.) Appellant, a juvenile, was apprehended on the allegation having been committed offence under Section 376 of the IPC against a minor girl aged about 6 years on 18.04.2012. It is alleged that the appellant after trespassing the house of the prosecutrix committed rape on her. As the prosecutrix is of reserve category offence under Section 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, the Act, 1989) was also registered against the appellant.

(3.) The Juvenile Justice Board as well as the Appellate Court both have found the offence proved against the appellant relying upon the testimony of the prosecutrix, medical evidence and other corroborative evidence available on record. The Juvenile Justice Board having been found that the appellant has committed offence under Section 452 and 376 of the IPC and also under Section 3(2)(v) of the Act, 1989, directed the appellant to be sent to special home for his reform and restitution, the order was affirmed by the Appellate Court.