KISHORE KUNWAR RAJ Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal Revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'the Act') has been preferred by the petitioner herein/juvenile against the order dated 17.7.2013 passed by the Sessions Judge, Ashok Nagar in Criminal Appeal No.72/2013, affirming the order, dated 12.7.2013 passed by the Principal Magistrate, Juvenile Justice Board, Ashok Nagar in connection with Crime No. 109/ 2013 registered at Police Station Bahodapur, District Ashok Nagar whereby the bail application of the petitioner under Section 12 of the Act has been rejected.

(2.) THE prosecution case in brief, is that on 6.7.2013 at about 10 p.m. when the prosecutrix aged 12 years went to attend the call of nature in the field; the accused took her at his field and committed rape on her and kept her with him whole night there. In the morning the prosecutrix returned back to home. On the way, the accused threatened her to kill his parents, if she disclose the incident to any one. However, the incident was disclosed by the prosecutrix to her parents on 8.7.2013, then a report was lodged by the father of the prosecutrix, on which a case at Crime No. 109/2013 under Sections 363,366, 376 and 506 of IPC and 3/4 of the Protection of Children Sexual Harassment Act, 2012 was registered against the petitioner at Police Station Bahodapur, District Ashok Nagar. The criminal law was triggered and set in motion.

(3.) BEING aggrieved thereof, an appeal was preferred before the Sessions Judge, Ashok Nagar. The learned Sessions Judge affirmed the order of the Juvenile Justice Board and dismissed the appeal. Hence, this revision.