ADIL Vs. STATE OF U. P.

JUDGEMENT

(1.) This Revision is directed against an appellate order of the Special Judge, POCSO Act/Additional Sessions Judge, Gorakhpur dated 30.10.2020, dismissing Criminal Appeal No. 32 of 2020 preferred by the revisionist, and affirming an order of the Juvenile Justice Board, denying bail, pending trial.

(2.) A First Information Report was lodged on 17.06.2019 at 19:05 hours, by the second opposite party, Mursaleen, saying that the informant lives at Hindan Vihar, near Bilal Masjid. His family stayed with him. On 16.06.2019, his daughter Aisha, aged about 15 years, was asleep at home, during the night hours. At about 1 O' Clock in the odd hours, his brother's son, Adil, entered his house and stabbed his daughter. His daughter sustained stab injuries to her abdomen and neck. The distress call from his daughter led the second opposite party to notice the incident, whereupon, the revisionist made good his escape. The police registered Case Crime No. 963 of 2019, under Section 307 of the Indian Penal Code, 1860(For short "IPC"), Police Station - Sihani Gate, District - Ghaziabad. The revisionist was arrested. Being a minor, he applied for bail to the Juvenile Justice Board, Ghaziabad. The revisionist's bail plea came up before the Board on 13.03.2020, and was rejected. The revisionist, thereupon, appealed to the learned Sessions Judge, Ghaziabad, under Section 101 of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2015(For short "the Act"). The appeal aforesaid was numbered on the file of the learned Sessions Judge as Criminal Appeal No. 32 of 2020. This appeal came up before the Special Judge, POCSO Act/Additional Sessions Judge, Ghaziabad, on 13.08.2020, for determination. It was dismissed by a judgement and order of that date.

(3.) Aggrieved, this revision has been filed.