JITENDRA KUMAR BIND Vs. STATE OF U. P.

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 28.9.2019 passed by Special Judge POCSO Act, Allahabad dismissing Criminal Appeal No.79 of 2019 (Radhey Shyam versus State of U.P.), filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming an order of Juvenile Justice Board, Prayagraj dated 28.6.2019 refusing the bail plea to the revisionist in Case No.71 of 2019 (State vs. Jitendra Kumar Bind), arising out of Case Crime No.243 of 2018, under Sections 342, 323, 376D, 506 IPC and under Section 5/6 POCSO Act as well as under Section 3(2) 5 SC/ST Act, Police Station Phoolpur, District Prayagraj.

(2.) Heard Sri Pavan Kumar Srivastava assisted by Sri B. Lal, learned counsel for the revisionist, learned A.G.A. for the State and Sri Pavan Kumar Mishra, learned counsel for opposite party no.2 and perused the record.

(3.) The prosecution case, as per the version of the FIR, is that on 5.7.2018 at 10 p.m. when the grand-daughter of the informant namely Km. Soni, who is aged about 15 years, had gone in the field for call of nature, the revisionist Jitendra Kumar Bind along with another co-accused came there and closed her mouth. Thereafter, they have taken her away at the house of the revisionist where they closed the door from outside. The revisionist was present in the room and firstly he committed maarpeet with her and threatened to kill her and thereafter removed her clothes and committed rape upon her.