SUNIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is criminal revision filed by the petitioner under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (herein after referred to as the "Act of 2015") against order dated 02.03.2021 passed in Criminal Appeal No.26/2021 by the Sessions Judge, Jhabua, District Jhabua (MP), whereby the appellate Court has dismissed the appeal of the petitioner and confirmed the order dated 02.02.2021 passed in Juvenile Inquiry Case No.36/2021 (Crime No.59/2021) by Principal Magistrate, Juvenile Justice Board, Jhabua, District Jhabua (MP) wherein the petitioner's application under Section 12 of the Act of 2015 for grant of bail in Crime No.59/2021 registered at Police Station, Jhabua District Jhabua (MP) for commission of offence under Sections 342, 376 (2) (n), 506 and 376 (a) (b) of the Indian Penal Code, 1860 and also under Section 5 (m) read with Section 6 of the Protection of Children from Sexual Offence Act, 2012, has been rejected.

(2.) The allegation against the petitioner is that he is aged around 15 years old and on 16.01.2021 at around 10.30 AM (in the morning) he committed rape of a minor girl aged around 10-11 years old whereby she was left bleeding for a prolonged period of time. In her statement to the Police, she has also stated that around three days earlier also, the petitioner had committed rape on her. The petitioner is presently lodged in Child Welfare Home, Jhabua.

(3.) Counsel for the petitioner has submitted that the Courts below have erred in not allowing the petitioner's application filed under Section 12 of the Act of 2015 and not releasing him on bail. The counsel has also relied upon certain judgments of this Court in the case of Satyam v. State of MP,2018 1 CrLR(MP) 51, Girraj v. State of MP, 2006 3 MPLJ 325, Mayur v. State of MP,2016 SCCOnlineMP 7285 and Nishruddin v. State of MP,2016 SCCOnlineMP 1109.