ASHISH MASIH @ ASHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a minor aged 17 years, is represented by his father. He filed this revision assailing the order dated 18.03.2020 of the learned Principal Magistrate, Juvenile Justice Board, Gurdaspur, whereby the bail application filed by him in CIS No. BA/151/2020 was dismissed.

(2.) The petitioner was one of the two accused in FIR No.86 dated 30.08.2019 on the file of Police Station, Dera Baba Nanak, District Batala, registered under Sections 363, 366, 376, 506, 34 and 120-B IPC along with Sections 4 and 6 of the POCSO Act, 2012. According to the prosecution, on 21.08.2019, the petitioner and the co-accused, Resham Singh @ Reshu, covered their faces with handkerchiefs and abducted the victim-girl. The petitioner was alleged to have stood guard while the co-accused raped the victim-girl. The petitioner was arrested on 30.08.2019 and remained confined in the Special Home at Gurdaspur since then. He applied for grant of regular bail before the Juvenile Justice Board, Gurdaspur, and suffered the dismissal order dated 18.03.2020, presently under revision.

(3.) Significantly, Resham Singh, the co-accused of the petitioner, who allegedly committed the actual offence, stood trial in Sessions Case No. SC/270/2019 on the file of the learned Additional Sessions Judge, Gurdaspur, and by judgment dated 03.03.2020, he was acquitted of all charges on the ground that the prosecution had failed to discharge the requisite onus beyond reasonable doubt.