PARVEZ Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'the Act 2000') has been preferred against the order dated 6.12.2013 passed by the learned Sessions Judge, Muzaffar Nagar in Criminal Appeal No. 101 of 2013 (Gayyur Khan v. State of U.P.) arising out of rejection of bail prayer of juvenile, Parvez @ Parvez Khan. Heard Sri Sushil Kumar Pandey, learned counsel for the revisionist and learned A.G.A. for the State at prolix length.

(2.) The facts which are relevant and necessary for the disposal of the revision, briefly stated, are that on January 04, 2009, first informant lodged F.I.R. alleging therein that the revisionist had sexually assaulted his minor daughter aged about 4 years. Pursuant thereto, case was registered at crime No. 05/2009 under Section 376 I.P.C. against the revisionist at P.S. Adarshmandi, District Muzaffarnagar (now District Shamli). The revisionist was arrested on January 05, 2009 and was confined in jail. He was dealt with the criminal justice system as applicable for adults. The revisionist's father however, for the first time on February 17, 2010 raised claim of his being juvenile before the Court of Additional Sessions Judge, Muzaffarnagar where the trial was pending by invoking provision of Section 7A of the Act 2000. The trial Court made an enquiry as per rules applicable and after inordinate delay recorded finding on September 07, 2013 that the revisionist was a juvenile on the date of commission of offence, his age being 16 years 8 months and 2 days. The trial Court accordingly, processed the matter for transfer of the case to the Juvenile Justice Board, Muzaffarnagar (in short 'the board') for enquiry and for passing appropriate order.

(3.) The revisionist's father moved an application before the Board under Section 12 of the Act 2000 seeking his release on bail which was rejected by the Board on 21.10.2013 substantially on the ground of gravity of offence which is alleged to have been committed.