JAGJEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present revision is preferred assailing the order dated 30.09.2015 passed by Juvenile Justice Board, Nainital, whereby application of the accused/revisionist seeking bail under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was dismissed on the ground that revisionist is an accused for the offence of heinous rape and if he is enlarged on bail he may join the company of known criminals as well as judgment and order dated 17.10.2015 passed by Special Judge, POCSO, Haldwani, Nainital, whereby appeal filed by the accused/revisionist was dismissed. The brief facts of the present case inter alia are that Smt. Neeta Verma has lodged an F.I.R. with police station Ramnagar, Nainital being FIR No. 259 of 2015 under Ss. 376 I.P.C. and 3/4 of POCSO Act, stating therein that prosecutrix aged about 17 years left her house at 04:00 p.m. for the coaching classes; when she came back at about 10:00 p.m. in the night, she (prosecutrix) disclosed to the informer that her friend Jagjeet Singh took her Tulsi Palace Hotel and raped her. Statement of the prosecutrix was also recorded by the Magistrate under Sec. 164 Code of Criminal Procedure; typed copy of the statement under Sec. 164 Code of Criminal Procedure is handed over in the Court, which is taken on record.

(2.) As per the statement of the prosecutrix recorded under Sec. 164 of the Code of Criminal Procedure on 18.08.2015, she went to Pizza Bite to join the birthday party of her friend Tazim; she took selfie with another friend Monti Dangwal and fix that selfie as her profile picture on the whatsapp; having seen this photograph of the prosecutrix with the Monti Dangwal, Jagjeet Singh -revisionist became angry with the prosecutrix; next day, when she was going to coaching classes, accused/revisionist stopped her and took her Anand Misthan and thereafter took her Tulsi Palace Hotel where he rapped her.

(3.) This Court in the case of Akash Singh (minor) Vs. State of Uttarakhand reported in : 2013 (1) N.C.C. 894; Anup (juvenile) Vs. State of Uttarakhand reported in : 2014 (1) N.C.C. 48 and Ankit (minor) Vs. State of Uttarakhand and another reported in : 2013 Criminal Law Journal 4989: 2014 (1) NCC 767 has held as under: