MOHSIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, Mr. Mohd. Arshad, holding brief of Mr. Pramod Kumar Kesarwani, learned counsel for opposite party No. 2 and learned Additional Government Advocate representing the State of U.P. and perused the record of the case.

(2.) The present criminal revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the judgment and order dated 17.01.2019 passed by Additional District and Session Judge, Hapur, in Criminal Appeal No. 68 of 2018 ( Mohsin Vs. State of U.P.), and against order dated 29.10.2018 passed by Principal Magistrate, Juvenile Justice Board, Hapur in Case No. 15 of 2018, arising out of Case Crime No. 73 of 2018, under sections 376-D IPC and section 3/4 of Protection of Children from Sexual Offences Act, Police Station Hafizpur, District Hapur, whereby the learned Juvenile Justice Board, Hapur as well as learned appellate court refused the prayer of bail of accused-revisionist.

(3.) It is submitted by the learned counsel for the revisionist that on 09.07.2018 first information report was lodged by opposite party No. 2 for the alleged offence under sections 376-D IPC and section 3/4 of Protection of Children from Sexual Offences Act making allegation of committing rape upon her sister against the revisionist and co-accused Qasim. Main substratum of argument of learned counsel for the revisionist with regard to allegation levelled against the revisionist is that in the medical examination report dated 09.07.2018, hymen was found intact, which shows that no rape was committed upon the victim and the first information report has been lodged on the false fact. It is further submitted by the learned counsel for the revisionist that co-accused Qasim against whom similar allegation of rape has been levelled in the first information report, has already been granted bail by Co-ordinate Bench of this Court vide order dated 12.12.2019 in Criminal Revision No. 2990 of 2019.