LAWS(UTN)-2023-12-21

X Vs. STATE OF UTTARAKHAND

Decided On December 11, 2023
X Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The proposed Criminal Revision under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, 'Act, 2015'), has been preferred by the child in conflict with law through his father challenging the judgment dtd. 27/3/2023, passed by learned Children Court/FTC/ Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar in Criminal Bail Appeal No.46 of 2023, whereby, the learned Appellate Court has dismissed the said Appeal and affirmed the order dtd. 14/3/2023, passed by Juvenile Justice Board, Rudrapur, District Udham Singh Nagar (in short, 'Board') in Enquiry No.61 of 2023, by which, the Board had rejected the bail application of the revisionist, filed through his father, under Sec. 12 of the Act, 2015 in respect of Case Crime No.823 of 2022, registered at police station Rudrapur, District Udham Singh Nagar. Revisionist is detained in the observation home for the offence under Sec. 377 of the Indian Penal Code, 1860 and Sec. 3(a) read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Heard Mr. M.K. Ray, learned counsel for the revisionist and Mr. V.K. Jemini, learned Deputy Advocate General for the State.

(3.) Mr. M.K. Ray, Advocate, appearing for the revisionist, contended that the revisionist has been falsely implicated in the present matter. As per the report of the District Probation Officer, Udham Singh Nagar, the conduct and behavior of the revisionist are normal. Nothing has been found against the revisionist to indicate that he is involved in any unacceptable activities.