X Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The juvenile X S/o K has been confined in connection with FIR No. 71/2019 registered at Police Station Swaroopganj, Sirohi and is facing charges under sec. 3/4 of POCSO Act. He is lodged at the Child Observation Home, Sirohi. The bail application preferred under sec. 12 of the Juvenile Justice Act, 2015 by the juvenile through amicus curiae was dismissed by the learned Principle (sic Principal) Magistrate, Juvenile Justice Board, Sirohi vide order dtd. 25/2/2022. An appeal was preferred under sec. 101 of the Juvenile Justice Act, 2015 against the said order before the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Child Right Protection Commission Act, 2005) Sirohi which also came to be dismissed vide order dtd. 28/4/2023 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid two orders, the present revision petition has been filed under sec. 102 of the Juvenile Justice Act read with sec. 397/401 of the Cr.P.C.

(2.) Learned Counsel for the petitioner submits that PW-4 Dr. Rashi and PW-9 Dr. Ramlal though collected the samples of sputum, blood, Vaginal swab as well as of semen but in the FSL report exhibits P-12 and 13 neither the semen nor the blood was detected and paternity test was not conducted to show that the petitioner juvenile was the biological father of the fetus or the delivered baby was his. It is also submitted that petitioner is a juvenile.

(3.) Learned Counsel for the juvenile-petitioner submits that the Juvenile Justice Board as well as the learned Court below has grossly erred in rejecting the bail application of the juvenile-petitioner. They have failed to consider the correct factual and legal aspects of the case. The juvenile has been detained at the Child Observation Home, Sirohi since long time and looking at the pace at which the trial is proceeding, it will likely take long time to conclude. The Juvenile Justice Board has treated the accused as juvenile. He further submits that there is no possibility of the juvenile-petitioner absconding. There is nothing on record that may debar him from getting released on bail, therefore, it is humbly prayed that the impugned orders be set aside and the juvenile be released on bail.