LAWS(ALL)-2014-4-364

RAJENDRA KUMAR MOURYA Vs. STATE OF U P

Decided On April 28, 2014
Rajendra Kumar Mourya Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD Sri Abhishek Pandey, learned counsel for the revisionist, learned AGA for the State and Sri Anil Kumar Tiwari, learned counsel for the opposite party no. 2.

(2.) THIS criminal revision has been filed under Section 53 of Juvenile Justice (Care and Protection of the Children) Act, 2000 (hereinafter referred to as 'the Act')against the judgment and order dated 01.10.2013 passed by Additional Sessions Judge, Court no. 1., Faizabad by which the appeal filed by the revisionist was dismissed and bail rejection order passed by Juvenile Justice Board dated 16.08.2013 was confirmed.

(3.) ACCCORDING to prosecution story, a first information report was lodged by Guddu in Police Station - Kotwali Ayodhya, District - Faizabad on 14.07.2013 at about 06.10 am alleging that on 14.10.2013 at about 03.30 am, someone entered into his house and cut the neck of his sister, finding her alone. She was got admitted in district Hospital then he reached there and asked his sister. She told that Lakshman, son of Maiku Lal and Rajendra, son of Ramjit Maurya had entered into her house. When she woke up they caught hold of her and Lakshman tried to commit rape with her. Rajendra was holding her. When she protested, Rajendra tried to strangulate her and Lakshman, in order to kill her, inflicted a cut on her neck by a knife. On this, a case under Section 376/511, 307 read with section 34 IPC and Section 3 (2) (V) SC/ST Act was registered. During the proceeding, Rajendra was declared juvenile and his bail application was rejected by the Juvenile Justice Board vide order dated 16.08.2013.