EX (CHANGED NAME) Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri N.D. Shukla, learned counsel for the revisionist, Sri M.P.S. Gaur, learned AGA for the State as well as learned counsel for the respondent no. 2 and perused the record.

(2.) This criminal revision under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, has been filed on behalf of the minor 'X' through his natural guardian/ mother Anita w/o Shri Prakash, R/o Village- Merdha, Police Station Khutahan, District Jaunpur with the prayer to admit the minor on bail alongwith the prayer to set aside the order dtd. 15/12/2021 passed by the Juvenile Justice Board, Jaunpur and order dtd. 1/2/2022 passed by the Additional District and Sessions Judge/Special Judge, POCSO Act, Jaunpur in Misc. Case No. 102/2021 arising out of Case Crime No. 81 of 2021 under Sec. 377, 352, 504 IPC and 3/4 POCSO Act, Police Station-Khutahan, District-Jaunpur by which the criminal appeal No.88 of 2021 was rejected.

(3.) As per the version of the FIR lodged by Sanjeet Singh (informant) father of the victim, it is alleged that on 4/4/2021 at 5.00 P.M. the accused revisionist and co-accused Nitin Tiwari lured his son (victim) aged about 06 years and took him to a secrete place where the accused persons established unnatural relation with the son of the informant. At that point of time, the informant was not present at his home as he had gone to his relatives' house and when he came back to his house, his wife and the victim had apprised him about the incident. Thereafter, when he went to the house of the accused-persons and made complaint, they abused him in filthy-language and also threatened him. On the basis of the said FIR, Case Crime No. 0081/2021 under Ss. 377, 352, 504 IPC and 3/4 POCSO Act was registered and investigated upon. During the investigation, after collection of some evidence and recording of statement under Sec. 161 Cr.P.C. of the witnesses, the victim was medically examined and his statements u/s 161 Cr.P.C. and 164 Cr.P.C. were also recorded.