KM. FATMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision under Sec. 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'Act') has been preferred by Km. Fatma through her mother, natural guardian, Smt. Rabiya for being released on bail in Case Crime No.480 of 2016 under Sections 302, 120-B, 34 I.P.C., Police Station Kandhla, District Shamli.

(2.) For seeking desired relief, the revisionist has challenged the impugned order dated 28.4.2017 passed by the Principal Judge, Juvenile Justice Board, Muzaffar Nagar in Misc. Case No.13/12-A of 2017 (State Vs. Km. Fatima) and the order dated 6.5.2017 passed by Special Judge (POCSO Act), Juvenile Justice/Additional Session Judge, Court No.11, Muzaffar Nagar in Juvenile Appeal No. 11 of 2017 (Km. Fatma Vs. State of U.P. By the aforesaid orders, Juvenile Justice Board and the appellate court both have refused to release the revisionist on bail in aforementioned case crime.

(3.) Before entering into discussion on the contentions raised by the learned counsel for the revisionist and opposition in this revision, a quick search light on the background facts indicate that a First Information Report was lodged by one Arif Khan resident of Mohalla Sarab Gyan, Police Station Kandhla, District Shamli against unknown persons with the averment that on 20.9.2016 at about 9.00 P.M. his father, Shamim Ahmed had gone to another house for sleeping and about 9.30 P.M. his father was murdered by some unknown assailants by causing knife injuries. Neither anyone was named in the F.I.R. nor any suspicion was laid by the first informant on anyone. During investigation the statement of first informant under Sec. 161 Crimial P.C. was recorded who repeated version of First Information Report and again he did not name any accused or laid suspicion. According to the prosecution during investigation on the information of an informer of police (Mukhbir Khas), Riyazuddin son of Aslam, Shakoor, Abid son of Shakoor, Amna, Abida and Fatma daughters of Shakoor were involved in the murder of Shamim Ahmad. The name of the revisionist emerged from the confessional statement of Riyazuddin recorded on 22.9.2016 while in custody before the police wherein he has stated that he along with revisionist and other accused persons committed murder of the deceased as the deceased used to keep evil eye on some of the women folk of their family. On the basis of the invincible confessional statement of co-accused, the revisionist and other accused were arrested on 22.9.2016 from their house and since then the revisionist is in custody. The record indicates that nothing incriminating article was recovered from the possession of the revisionist and on the basis of aforesaid scanty evidence charge sheet was submitted against her.