JASVIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, the petitioner has challenged the order dated 23.11.2010 passed by the learned Addl. Sessions Judge No.1, Sriganganagar , dismissing the criminal appeal filed by the petitioner against the order dated 16.11.2010 passed by the learned Principal Magistrate, Juvenile Justice Board, Sriganganagar, in FIR No.133/2010 of Police Station, Hindumal Kot under Sec. 12 of Juvenile Justice ( Care & Protection of Children) Act, 2000.

(2.) Brief facts of the case are that the complainant Kamla lodged a written report at Police Station, Hindumalkot, alleging therein that Bhagli and Sundera Devi took her to the field of Kartar Singh at Chak No.6D Badi, to collect wood, where Jasvir Singh s/o Jogendra Singh and Preet s/o Kartar Singh were already present. Preet was standing at some distance and the accused Jasvir Singh committed rape on her. After some time her husband Bhanwar Lal came there to carry the wood collected by her and then accused threatened to kill them both.

(3.) On the basis of this information police registered FIR No.133/2010 for the offence under section 376 Penal Code and section 3(2) (5) SC/ST Act and started investigation. During the course of investigation police arrested the accused petitioner. During the course of investigation an application under section 7-A Juvenile Justice ( Care and Protection of Children) Act, 2000 was filed by the petitioner before the competent court and the court declared the petitioner as juvenile. The bail application filed by the petitioner under section 12 of the Act of 2000 was dismissed by the Principal Magistrate, Juvenile Justice Board, Sriganganagar vide order dated 16.11.2010. Dissatisfied by the order of the learned Magistrate dated 16.11.2010 the petitioner preferred an appeal against the said order dated 16.11.2010, which was dismissed by the learned Addl.Sessions Judge No.1, Sriganganagar vide judgment dated 23.11.2010.