JUVENILE Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act , 2015 being aggrieved by order dated 24/04/2020 passed by Special Judge (Children's Court and the Protection of Children from Sexual Offences Act), Ratlam in R.C.T. No. 139/2020, whereby the bail application filed on behalf of child conflict with law has been declined.

(2.) It is admitted fact that the appellant is aged about 16 years and he is a Juvenile and he is facing trial for the commission of offence punishable under Sections 384 , 506 , 376(2)(i) , 376(2)(n) , 449 , 376(d) , 363 , 366 , 120(B) and 380 of the IPC alongwith Section 5(i)(g) read with Sections 6 , 15 and 17 of the Protection of Children from Sexual Offences Act, 2012 before the Children's Court, Ratlam.

(3.) As per the prosecution case, the prosecutrix is a minor girl aged about fourteen years and five months. The friend of the appellant took a nude photograph of the prosecutrix through instragram; and blackmailed her, that if she does not do what he asks her to do, then he will viral the photograph. On 10.09.2019 at about 04.30 PM, when the prosecutrix was alone in her house, the appellant with his friend (another juvenile) came to the house of prosecutrix on scooter and his friend (another Juvenile) went inside the house; and taking advantage of prosecutrix being alone, he committed rape with her and threatened the prosecutrix to kill her. Then appellant came in the house and he also committed rape with the prosecutrix. When she tried to shout, he covered her mouth. Bleeding started to the prosecutrix due to sexual intercourse committed by the appellant. Then appellant and his friend warned her not to tell the incident to her family members. On this, the prosecutrix scared and did not disclose anything and went to her grandmother's place to sleep. On the next day, her mother saw the bleeding; took her to Jodhpur AIIMS; and returned from the hospital on 18.09.2019. Next day, on 19.09.2019 at about 03.00 PM, the appellant again called the prosecutrix at Aashirwaad Hotel in Room No.108 and there, he committed rape on her, due to which bleeding again started from her vagina. The appellant and his friend persistently making demand from the prosecutrix, that either she give them money to shut their mouth, otherwise, she will have to regularly make physical relationship with them. Then the prosecutrix informed the incident to her parents on 24.09.2019; thereafter she went to the Police Station Industrial Area Ratlam and lodged FIR bearing Crime No. 505/2019 registered at Police- Station-Industrial Area, Ratlam against the appellant and others for the offence punishable under Sections 384 , 506 , 376(2)(i) , 376(2) (n), 449, 376(d), 363, 366, 120(B) and 380 of the IPC alongwith Section 5(i)(g) read with Sections 6 , 15 and 17 of the Protection of Children from Sexual Offences Act, 2012.