X SPOUSE OF BHONA Vs. STATE

JUDGEMENT

(1.) The petitioner child 'X' son of Mr. Bhona @ Bhuwana in conflict with law (identity of the child has been protected in view of the direction given by Hon'ble the Supreme Court in the case of Shilpa Mittal vs. State of NCT of Delhi & Ors. , 2020 AIR(SC) 405 has been confined in connection with FIR No.38/2021 registered at Police Station Mandalgarh, District Bhilwara for the offences under Sections 342, 366 & 376-D IPC and is lodged at the Bal Sudhar Gruh, Paldi, Bhilwara. The bail application preferred on his behalf by his natural guardian brother-in-law (Jija) Mr. Narayan under Section 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Bhilwara by order dated 29.06.2021. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act also stands rejected by the learned Sessions Judge, Bhilwara by order dated 30.06.2021. These two orders are assailed by the petitioner through his natural guardian in this revision preferred under Section 397 of the Cr.P.C. read with Section 401 CrPC and Section 102 of the Juvenile Justice Act.

(2.) I have heard and considered the submissions advanced by learned counsel representing the parties and have gone through the impugned orders.

(3.) The major accused Shyamnath has been enlarged on bail by this Court vide order dated 02.06.2021. The Principal Magistrate as well as the Appellate Court rejected the prayer for bail made on behalf of the petitioner-child in conflict with law without considering this fact in an absolutely mechanical manner. It may be stated here that the prosecutrix is a major married woman aged 35 years. She was allegedly abducted on 19.02.2021. Her husband Har Nath lodged the above FIR regarding the incident at the Police Station Mandalgarh on 20.02.2021. The prosecutrix in the meantime returned back to her father's house, but she did not tell anyone that she had been subjected to rape. Her statement under Section 161 CrPC came to be recorded on 14.03.2021, in which for the first time, she alleged she was subjected to rape in the jungle. When examined under Section 164 CrPC, the prosecutrix modulated the version and alleged that she was subjected to rape inside a vehicle.