SACHIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner, who is a juvenile under Section 12 of the Juvenile Justice Act, 2015 (hereinafter referred to as "the Act of 2015") assailing the order passed by the Juvenile Justice Board dated 15.4.2020 and the order passed by the Additional Sessions Judge dated 18.4.2020 whereby the application moved under Section 12 read with Section 101 of the Act of 2015 was rejected.

(2.) Learned counsel for the petitioner submits that the Probationary Officer's report opines that the child in conflict of law should be rehabilitated with his family for his best development. Learned counsel further submits that the nature of the allegation as per the charge-sheet shows that there was a consensual intercourse between the minor petitioner and the minor girl, which came to be revealed to the girl's mother and resulted in girl committing suicide on 11th while the FIR was registered on 13th giving different facts. Learned counsel submits that there would be no purpose serve in keeping the child in conflict of law at observation home and as there is a Probationary Officer's report suggesting for keeping the petitioner with the parents, the application ought to have been allowed.

(3.) Learned counsel appearing for the complainant, on the other hand, submits that the petitioner has committed a heinous offence and in view thereof, he should not be granted the bail. Learned counsel submits that the charge-sheet alleges of the petitioner having committed rape on the girl, which resulted in girl committing suicide.