SURMAL @ SURAJ BHIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Surmal @ Suraj Bhil, 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 05.01.2015 passed by the learned Principal Magistrate, Juvenile Justice Board, Kota in FIR No.435/14 of Police Station Borkhera, District Kota City whereby the application for grant of bail moved on behalf of the petitioner has been rejected. The petitioner has also challenged the order dated 08.01.2015 passed by the learned Sessions Judge, Kota in Criminal Appeal No.07/2015, by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) THE brief facts of the case are that on 11.11.2014 the prosecutrix, aged 15 years lodged a report at Police Station Borkhera, District Kota City against the petitioner, wherein it was alleged that she was forcibly raped by the the petitioner. On the basis of the said report, a FIR No.435/2014 for the offence under Section 365, 342 and 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 was registered. Thereafter charge sheet was filed against the petitioner Surmal @ Suraj Bhil for the offence under Sections 363, 366, 376, 343 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

(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 Shakti Singh Vs. State of Rajasthan, 2014 2 Crimes(Raj) 749(Raj.).