SHER SINGH @ GOLIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revision petition has been filed against the order dated 30.6.2011 whereby bail application of present petitioner juvenile has been dismissed.

(2.) The contention of the present petitioner is that the date of birth of the petitioner is 25.11.1990 and date of alleged incident is 19.4.2008. The petitioner was a juvenile at the time of incident. Girdharilal Meghwal lodged a written report against the present petitioner at P.S. Sadar, Jhunjhunu on which F.I.R. No. 69/2008 was registered for the offence under Sec. 376 Indian Penal Code and Sec. 3(1)(xi) and 2(v) of the Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act was registered. He was arrested on 21.4.2008 and sent to the Children Home. He ran away from the children home on which a missing report was lodged. Again, he was arrested on 23.5.2011 and since then he is confined at Children Home, Jhunjhtulu. Hence, looking to the provisions of Sec. 12 of the Juvenile Justice Act, he should be released on bail.

(3.) Per contra, the learned Public Prosecutor has submitted that it is a case of rape with and child of 7 years and to release of the petitioner will defeat the ends of justice. The release of the petitioner will be a shock to the conscious of the society and would undermine the faith of the victim in judiciary. Therefore, the present petitioner should not be granted bail.