MANJU ALIAS MANAKLAL Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. This revision is preferred on behalf of the minor applicant-accused Manju @ Manaklal under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (in short "the Act"), being aggrieved by the order dated 21-6-2011 passed by the Special Judge, Sagar constituted under the provisions of SC & ST (Prevention of Atrocities) Act, 1989, in short "the Act" in Criminal Appeal No. 171/H, whereby dismissing his appeal the order dated 1-6-2011 passed by the Principal Magistrate Juvenile Court, Sagar in Case No. 171/11, dismissing his application filed under Section 12 of the Act for giving his interim custody to his father on bail has been affirmed.

(2.) The brief facts of the case necessary to adjudicate this revision are that on dated 25-5-2011 at about 6 o'clock in the evening, the prosecutrix Urmila Jatav, aged 15 years was answering the call of nature in some field. At the same time the applicant after catching her and removing her clothes committed rape on her. On lodging the report at P.S. Garhakota a Crime No. 251/22 was registered against the applicant for the offence under Section 376 of IPC as well as Section 3 (2) (v) and Section 3(1) (xii) of the SC & ST (Prevention of Atrocities) Act, 1989. The prosecutrix was medically examined. The interrogatory statements of the witnesses were recorded. The applicant was arrested and on completion of the investigation, the applicant being minor was charge-sheeted for the aforesaid offences, in the above mentioned Juvenile Court as submitted by the applicant's Counsel.

(3.) Initially, on behalf of the applicant an application under Section 12 of the Act for grant of his custody on bail was filed by his father in the Juvenile Court. On dismissing the same, the appeal was preferred. On consideration, the same was also dismissed, on which the applicant has come forward with this revision.