GORELAL @ GORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short, the Act') is directed against the order dated 2.2.2005 passed by the learned District and Sessions Judge, Bharatpur in Criminal Appeal No.4/2005 whereby the appeal has been dismissed and the order of the learned Principal Magistrate, Juvenile Justice Board, Bharatpur refusing bail to the petitioner has been confirmed.

(2.) Learned counsel for the petitioner has contended that the petitioner is admittedly a juvenile and, therefore, be is entitled to he released on bail as per the provisions of Section 12 of the Act. There is no material on record to show the existence of stated grounds on which the bail has been refused. Learned counsel further contended that the medical report does not support the prosecution case. Hymen of the prosecutrix was found intact. No injuries were found on and around the anus and vagina of the prosecutrix and, therefore, it is a case of false implication.

(3.) Learned Public Prosecutor appearing for the State has opposed the revision petition.