DALVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner aggrieved by the order dated 21.11.2009 passed by the Juvenile Justice Board, Bharatpur, whereby the application moved under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act of 2000") was rejected. An appeal preferred against the said order was also rejected by the Appellate Court vide order dated 01.12.2009.

(2.) LEARNED Counsel for the petitioner submits that the Courts below failed to consider the import of Section 12 of the Act of 2000 and thereby, mainly considered the offence on its merit whereas while hearing the matter on application under Section 12 of the Act of 2000, the merit of offence is not be considered. It is a case where the allegation against the petitioner is for commissioning of offence under Section 376 of IPC. The way, in which occurrence taken place raise question on alleged commissioning of offence. It is stated that there is nothing on record to show that petitioner's case is falling in one of the exception given under Section 12 of the Act of 2000 to deny bail.

(3.) I have considered the submissions made by the learned Counsel for the parties and perused the record of the case.