SAHJAD Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) This criminal revision has been filed against the judgment and order dated 11 June 2015 passed by the Additional Session Judge, Court No.2 Ghaziabad in Criminal Appeal No.54 of 2015 and the order dated 2 May 2015 passed by Chief Magistrate Juvenile Justice Board in Case Crime No.143 of 2015 under Sections 376(2) and Section 3-A/4 of Protection of Children from Sexual Offences Act, Police Station Mussorie, District Ghaziabad.

(2.) Shortly stated the facts of the case are that a first information report was lodged at Police station Mussorie, District Ghaziabad stating that on 22 February 2015 at about 7 A.M. while the daughter of the complainant along with her brother Saif Ali was going to Jungle for carrying fodder of cattle, she was dragged by the juvenile accused into the mustard field and thereafter rape was committed by the juvenile offender. As per the prosecution case, medical examination of the victim was conducted and her statements under Sections 161 and 164 CrPC was recorded and on the basis of the medical report the rape with the victim was confirmed. After completing the investigation, the investigating officer submitted the charge sheet against the accused under Section 376(2) IPC and 3-A/4 of POCSO Act before the Juvenile Justice Board, Ghaziabad.

(3.) The Juvenile Justice Board declared the accused Shahzad as juvenile. On 4.4.2015, an application for bail was moved on behalf of the accused which was rejected by the Board by order dated 2 May 2015. Being aggrieved by the order of the Board, a criminal appeal No.54 of 2015 was filed before the court of Additional District & Sessions judge, Court No.2, Ghaziabad and by order dated 11 June 2015 the appeal was dismissed by the learned lower appellate court. The judgment and order of the appellate court has now been challenged in this revision.