RAJ KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicant has filed this revision under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 17.10.2007, passed by Sixth Additional Sessions Judge, Sagar, in Criminal Appeal No. 421/07, affirming the order dated 12.10.2007, passed by Chief Judicial Magistrate, Sagar, rejecting the bail application of applicant in connection with Crime No. 161/07, registered by Police Khimlasa of District Sagar, under sections 452, 354, 506 and 376 of Indian Penal Code.

(2.) According to prosecution, on 14.6.2007 at about 3 O’clock in the day, applicant went at the house of prosecutrix and on the pretext of demanding screw driver entered her house and committed rape on her. When prosecutrix shouted, other family members reached at the spot, then accused ran away. Report of the incident was lodged by the prosecutrix on 21.6.2007, wherein it was mentioned that as soon as accused caught hold of her and gaged her mouth, she shouted and accused ran away. In the statement of prosecutrix recorded on 21.6.2007 and in the statement recorded on 27.6.2007 under section 164 of the Code of Criminal Procedure, it was disclosed that applicant had committed sexual intercourse with the prosecutrix.

(3.) After investigation, the charge sheet was filed before the regular Court, but subsequently it was found that applicant was a juvenile. Thereafter, his case was put up before the Juvenile Court.