MUKESH Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 3.4.2015 passed by the Additional Sessions Judge, Court No. 3, Aligarh, in Criminal Appeal No. 10 of 2015 whereby the appeal filed by the revisionist against the order of the Juvenile Justice Board, Aligarh, in Case Crime No. 524 of 2014, u/s 376D, 342 I.P.C. and 3/ 4 POCSO Act, Police Station Atrauli, District Aligarh, was dismissed

(2.) Heard learned counsel for the revisionist, learned AGA and perused the record.

(3.) Learned counsel for the revisionist has submitted that the revisionist is a student, who was aged 15 years 8 months and six days at the time of the alleged incident. He has not committed any offence. He has no criminal history. However, the bail applications filed earlier by him before the courts below were rejected without any application of judicial mind in an illegal and arbitrary manner. It is next contended by learned counsel for the revisionist that the statement given by the prosecutrix under sections 161 and 164 Cr.P.C. are wholly unreliable and untrustworthy. It is further submitted that the co-accused Lokesh, who was major, has already been released on bail whereas the applicant is still languishing in District Jail, Aligarh, since 18.8.2014 in clear violation of the provisions of Juvenile Justice Act.