MOHAR SINGH @ MORYA @ BHORURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Mohar Singh @ Morya @ Bhoruram, a juvenile in conflict with law has preferred instant revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as 'the Act') challenging the order dated 09.12.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Dausa, District Dausa in FIR No.467/2013 of Police Station Bandhikui, District Dausa whereby the application for grant of bail moved on behalf of the petitioner has been rejected. The petitioner has also challenged the order dated 22.12.2014 passed by the learned Sessions Judge, Dausa in Criminal Appeal No.120/2014, by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) THE brief facts of the case are that on 12.08.2013, Shiv Lal Saini lodged a report at Police Station Bandhikui, District Dausa against eight accused persons including the petitioner, wherein it was alleged that his daughter was gang raped by three accused persons including the petitioner. On the basis of the said report, a FIR No.467/2013 for the offence under Sections 143, 323, 341, 366, 376 IPC was registered. Thereafter during investigation Section 376(2)(g) IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 were added.

(3.) IT has been the contention of the learned counsel for the petitioner that there is no material available on record to justify declining bail to the petitioner, who was juvenile at the time of commission of the offence. It is further contended that the gravity of the offence committed cannot be a ground to decline the bail. It is also contended that the courts below, without taking into consideration the mandatory provisions of the Act, in a cursory manner declined bail to the petitioner. In support of the contentions, the learned counsel for the petitioner relied on the judgment in the case of Sonu @ Somveer Vs. State of Rajasthan, 2012 WLC(Raj) 506; Manraj Vs. State,2013 WLC(Raj) 505; Shahrukh and Another Vs. State of Rajasthan,2013 WLC(Raj) 518; Deepak Kumar Vs. State of Rajasthan, 2012 WLC(Raj) 605; Mahaveer and Another Vs. The State of Rajasthan,2007 6 WLC(Raj) 357.