KARNA RAM Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS is a revision petition against the order dated 02.12.2014 passed by the learned Sessions Judge, Bikaner in Criminal Appeal No.233/2014 whereby the appeal preferred against the order dated 01.12.2014 passed by the learned Juvenile Justice Board, Bikaner rejecting the application under Section 12 of the Juvenile Justice Act in FIR No.241/2014, P.S. Chattargarh, Bikaner has been dismissed.

(2.) ACCORDING to the prosecution case, on 01.11.2014, a complainant Durga Devi filed a complaint in the court of Additional Chief Judicial Magistrate, No.3, Bikaner alleging there that Kanaram used to come to her house. On 10.08.2014, when her parents were not at home, Kanaram entered into the house in the night and committed rape on her. Thereafter, on 12.08.2014, she told about the incident to her parents on which panchayat took place and Kanaram and his father put their excuse. Thereafter, on 30.10.2014, Kanaram came to the house of the complainant and tried to molest her on which she went to lodge a report but when the same was not registered, the complaint was filed. The said complaint was forwarded under Section 156(3) Cr.P.C. to P.S. Chattargarh where Case No.241/2014 was registered for the offences under Sections 376 and 458 IPC and Section 4 of the POCSO Act. After investigation, Kanaram was taken into custody and as he was juvenile, he was produced before the Juvenile Justice Board, Bikaner. The father of the petitioner preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for releasing him on bail but the same has been dismissed vide order dated 01.12.2014.

(3.) BEING aggrieved by the order dated 01.12.2014, the petitioner preferred an appeal but the same has also been dismissed by the learned Sessions Judge, Bikaner vide order dated 02.12.2014. Hence, this revision petition. The learned counsel for the petitioner submitted that the learned courts below have rejected the bail application of the petitioner only on the ground that on his release he may come in association with hardened criminals and it will result into failure of justice. Whereas, as per the provisions of Section 12 of the Act of 2000, bail can be denied to a juvenile only if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological dagner or that his release would defeat the ends of justice. Hence, he may be enlarged on bail.