DESHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Deshraj, 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 08.01.2015 passed by the learned Principal Magistrate, Juvenile Justice Board, Bundi in FIR No.234/2014 of Police Station Hindoli, District Bundi whereby the application for grant of bail moved on behalf of the petitioner has been rejected. The petitioner has also challenged the order dated 17.01.2015 passed by the learned Sessions Judge, Bundi in Criminal Appeal No. 15/2015, by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) THE brief facts of the case are that on 01.06.2014 the prosecutrix who was 14 years of age lodged a report at Police Station Hindoli, District Bundi against the petitioner, wherein it was alleged that the prosecutrix was raped by the the petitioner. On the basis of the said report, a FIR No.234/2014 for the offence under Section 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 was registered. Thereafter charge sheet was filed against the petitioner Deshraj for the offence under Section 376 IPC.

(3.) IT has been contended by the learned counsel for the petitioner that the prosecutrix was a major and 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 submitted 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 Banay Singh Meena Vs. State of Rajasthan,2013 2 RCC 910; Shakti Singh Vs. State of Rajasthan,2013 3 RCC 1107; Yadvendra Parashar Vs. State of Rajasthan,2013 2 RCC 806.