RABI KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has preferred this revision under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act of 2000") against the impugned order dated 2.1.2015 passed by Special Judge (Atrocities) and Additional Sessions Judge, Gwalior in Criminal Appeal No.478/2014, whereby the rejection order of bail application filed under section 12 of the Act of 2000 dated 15.12.2014 passed by Juvenile Justice Board, Gwalior has been confirmed.

(2.) The facts giving rise to this revision petition in brief are that the complainant has lodged a report on 5.10.2014 that she is living behind Sahkari Bank and near her house Monu Khan, Rabi Khan and Ramkesh Gurjar are also living. When the complainant was alone at her house, Ramkesh Gurjar came to her house and offered some money and in return ask her to allow him to sexual intercourse with her. When the complainant was trying to send him away, co-accused Monu Khan and applicant Rabi Khan, who are the neighbours also came there and offered money for the same. When she refused then they abused her and forcibly caught her and turn by turn committed sexual intercourse with her. They also threatened her of her life. Fearing that she did not disclose the matter to anyone, all the accused persons committed sexual intercourse with her and used to beat her by threatening her off and on. Report was lodged and Crime No.68/2014 was registered at Police Station Behat, Gwalior under sections 376(G), 452, 323, 506/34 of IPC. The petitioner was arrested.

(3.) Initially the accused/petitioner filed the bail application for grant of his custody before the Juvenile Justice Board under section 12 of the Act, 2000 which was rejected vide order dated 15.12.2014. Against the order dated 15.12.2014 a Criminal Appeal No.478/2014 was preferred by the petitioner which has been dismissed by the impugned judgment dated 2.1.2015. Being aggrieved, this revision petition has been preferred on the ground that the learned Juvenile Board and the learned Appellate Court committed error in rejecting the prayer of the petitioner/accused, therefore, order of the Board and Appellate Court are liable to be set aside.