NITISH KUMAR RAMSWARUP PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Revision Petition has been preferred by the petitioner against the judgment dtd. 16/12/2020 passed by learned Special Judge (Children Court), Gaya in Criminal Appeal (Juvenile) No. 32 of 2019 (C.I.S) whereby learned Appellate Court has refused to enlarge the petitioner on bail.

(2.) The factual background of the case is that on the fardbeyan of one Gopal Sao dtd. 14/6/2018, Konch P.S. Case No. 195/2018 was registered on 14/6/2018 for the offences punishable under Ss. 395, 376D, 397, 376(3) and 376(DA) of the Indian Penal Code and Sec. 6 of the POCSO Act, 2012 against ten unknown persons.

(3.) After investigation, charge-sheet bearing no. 192 of 2018 dtd. 6/9/2018 was filed under Sec. 395, 376D, 397, 376(3) and 376(DA) of the Indian Penal Code and Sec. 6 of the POCSO Act, 2012 against twelve accused persons including the appellant in the POCSO Court. On an application of the appellant herein, the POCSO Court sent the record of the Appellant vide order dtd. 15/12/2018 to the J.J. Board, Gaya for declaring him juvenile along with the xerox copy of the School Leaving Certificate filed by the Appellant.