SONI Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. The present revision has been filed against the judgment and order dated 24-12-2002 passed by the Sessions Judge, Rampur in Criminal Appeal No. 31 of 2002, Soni v. State of U. P. , in case Crime No. 276 of 2002 under Sections 377 and 506 IPC P. S. Khajuriya, District Rampur whereby he dismissed the appeal.

(2.) THE brief facts giving rise to this revision is that the revisionist Soni was challaned for the offence under Section 377/506 P. S. Khajuriya, District Rampur. THE revisionist moved an application before the Addl. C. J. M. I, Rampur for declaring him to be juvenile. THE said application was rejected on the ground that no Juvenile Justice Board was constituted at Rampur; hence the bail application shall be disposed of under the ordinary provisions of the Code of Criminal Procedure. Against this order an appeal was filed, which was also dismissed.

(3.) IT is also made clear that the bail application should not be dealt with under the provisions of the Code of Criminal Procedure but it should be decided keeping in view the provisions of Section 12 of the Act, if the accused is found to be juvenile.