PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, "the Act" hereinafter) is directed against the order dated 7-10-2005 passed by the Sessions Judge, Jodhpur (for short, "the Appellate Court" hereinafter), whereby the appeal filed by the delinquent juvenile through his father under Section 52 of the Act against the order dated 1-10-2005 passed by the Juvenile Justice Board, Jodhpur on an application under Section 12 of the Act declining to release the juvenile delinquent on bail, was dismissed. Aggrieved by the orders impugned, the juvenile delinquent has filed the instant criminal revision petition.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the orders impugned passed by the Courts below.

(3.) The petitioner has been declared juvenile by the Juvenile Justice Board and is facing trial for the offence under Section 376, IPC in a case arising out of the FIR No. 38/ 2005, Police Station, Jamba, district Jodhpur. The petitioner was arrested in the aforesaid crime report on 24-8-2005 and since then he is in judicial custody. The juvenile delinquent moved an application under Section 12 of the Act seeking bail, which came to be dismissed on the ground that the juvenile delinquent is an accused of a case of rape and is having the rural background and therefore he is likely to expose the moral, physical and psychological danger. Against the order of the Juvenile Justice Board, the juvenile delinquent filed an appeal which came to be dismissed by the Appellate Court on the ground of gravity of the offence of rape.