SHIVANI (MINOR) Vs. JANU @ SAHARUKH

JUDGEMENT

(1.) (Passed on the 27th Day of January, 2016) The minor applicant through her mother has preferred an application under Section 439 (2) of the Cr.P.C. for cancellation of bail granted to respondent No.1 Janu @ Saharukh under Section 439 of the Cr.P.C. in Crime No.276/2015 registered at Police Station Kotwali, Chhatarpur against him under Sections 363, 366 and 376 of the IPC and 3 r/w 4 of the Protection of Children from Sexual Offences Act, 2012. He is granted bail vide impugned order dated 13.08.2015 passed by the Special Judge, Chhatarpur under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in bail application No.595/2015.

(2.) The necessary facts for adjudication of the application are given below: -

(3.) It is argued on behalf of the applicant for cancellation of respondent Janu's bail mainly on the ground that on account of tremendous pressure exerted upon the applicant by respondent Janu and his family members, she has not given correct statements under Sections 161 and 164 of the Cr.P.C. It is also argued that the police had seized mark -sheet of her 6 th standard, in which, her date of birth is mentioned as 05.08.1998. Thus, on the date of incident she was below the age of 17 years meaning thereby, she was short of one year in attaining the majority. Hence, her consent has no meaning. It is also argued that the examining lady doctor has mentioned in her medico -legal report that she has found marks of sexual intercourse on her genital area. Upon these submissions, the prayer is made for cancellation of respondent Janu's bail under the provisions of Section 439 (2) of the Cr.P.C.