SHAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Sham Lal alias Guggar and Rakesh alias Mintoo, who at the time of the alleged occurrence were 16 years and 14 years of age, have filed this criminal revision for their release on bail, being juveniles, in case FIR No. 40 dated 31.1.2004 under Section 376 (2G)/34 IPC, registered at Police Station Sadar Bhiwani.

(2.) THE allegation against both the petitioners is that they have raped a minor girl, aged 15 years. Their bail application was rejected vide order dated 12.2.2004, passed by the Presiding Member/Officer, Juvenile Justice Board, Hisar, on the ground that the petitioners have committed rape upon a minor girl, which is a heinous crime and their release would defeat the ends of justice. This order was challenged in appeal by the petitioners under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act), which has been dismissed by Additional Sessions Judge, Hisar, vide order dated 24.4.2004, while observing as under :

(3.) PER contra, counsel for the respondent-State submitted that in this case, petitioners, though are juveniles, but should not be granted bail, as they have committed a heinous crime of gang rape.