NAMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The present revision petition has been filed by a juvenile in conflict with law challenging the order dated 20.12.2019 passed by the Principal Magistrate, Juvenile Justice Board, Yamuna Nagar at Jagadhri and the order dated 13.01.2020 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri vide which his appeal filed against the order dated 20.12.2019 was dismissed.

(3.) In brief, the allegations are that on 24.07.2019, the complainant, mother of the Prosecutrix, filed a complaint alleging that she has three children. Her younger daughter, the Prosecutrix, is 7 years old. She is a labourer by profession and leaves the house in the morning and returns in the evening. On 24.07.2019, when she returned home, the daughter of her brother-in-law (Jeth) informed her that yesterday i.e. on 23.07.2019, at around 9.00 p.m., when she went to the roof of the house she saw that the juvenile in conflict with law had taken off his pants and there were no clothes on the body of the Prosecutrix and he was lying on top of her. The private part of the juvenile in conflict with law was touching the private part of the Prosecutrix and he was forcibly committing a wrong act with her. It is further stated in the complaint that when she enquired from her daughter she disclosed about the same incident. On the basis of the complaint, FIR No.142 dated 24.07.2019 was registered under Section 376-AB of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Bilaspur, Yamuna Nagar. The juvenile in conflict has been in custody since 25.07.2019.