GAURAV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has approached this Court impugning the order dtd. 8/2/2021 passed by learned Additional Sessions Judge, Bathinda, in FIR No.261, dtd. 23/12/2020, under Ss. 376 AB/376 DB IPC and Sec. 6 of the POCSO Act, registered at Police Station Canal Colony, Bathinda, vide which bail of the petitioner-juvenile was declined.

(2.) As per facts of the case, FIR was lodged by mother of the victim, who is four years of age. It was alleged that she had gone to market for buying vegetables and the victim was playing outside the house and when she returned, she found her missing. She heard the screams of the child and rushed to the same place where she found that the petitionerjuvenile was committing immoral acts with the child. The child was brought by the mother from there and admitted in the hospital. Complaint was made to take the legal action against the accused. Petitioner was 15 years of age at that time and was arrested on 24/12/2020. The victim was

(3.) medically examined. The accused, being a juvenile, was produced before the Juvenile Justice Board. As per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity, 'the JJ Act'), the petitioner-juvenile was sent to the observation home. He filed a bail application before the Juvenile Justice Board, Bathinda, however, the same was declined by it vide its order dtd. 8/1/2021. Thereafter, he filed an appeal under Sec. 101 of the of the JJ Act before the learned Additional Sessions Judge, Bathinda, which was also declined vide its order dtd. 8/2/2021. Aggrieved by the same, the petitioner is before this Court.