JITENDRA KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and Shri Sharad Dixit, learned AGA for the State respondent and also perused the record.

(2.) THIS criminal revision has been filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) against the order dated 7.1.2014 passed by the learned Sessions Judge, District Shravasti in Criminal Appeal No.24 of 2013 rejecting the appeal of the revisionist for his release on bail in case crime no.761 of 2013, under Sections 376 -D, 506 IPC; Section 3 (2) (5) of the SC and ST Act; and Section 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Ikauna, District Shravasti.

(3.) ACCORDING to prosecution version, FIR was lodged by Chandrawati, wife of Late Jagdish, in Police Station Ikauna, Shravasti on 7.8.2013, at about 7:30 PM, alleging that her daughter, aged about 14 years, had gone to work in her fields. On the way Jitendra and Vijay met her and dragged her in nearby sugar cane field and raped her. After some time, when she was going to her house by the same way, she heard noise that some one is crying, then she along with other passerby went in the field and found that his daughter is lying in nude condition and co -accused persons are fleeing after putting on their clothes. On this, a case under Section under Sections 376 -D, 506 IPC; Section 3 (2) (5) of the SC and ST Act; and Section 6 of the Protection of Children from Sexual Offences Act, 2012 was registered. After this, the victim was medically examined. Her age was found to be about 16/17 years. Her statement was recorded. Both the accused persons were declared juvenile. Bail application, moved by the present revisionist, was rejcted by the Juvenile Justice Board, and an appeal filed under Section 52 of the Act was also dismissed. Feeling aggrieved, this criminal revision has been filed.