SALMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Salman, 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 18.08.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Sawai Madhopur in FIR No.574/2013 of Police Station Gangapurcity, District Sawai Madhopur whereby the application for grant of bail moved on behalf of the petitioner has been rejected. The petitioner has also challenged the order dated 15.09.2014 passed by the learned Sessions Judge, Sawai Madhopur in Criminal Appeal No.91/2014, by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) The brief facts of the case are that on 04.09.2013 Moli, who is the father of the prosecutrix, lodged a report at Police Station Gangapurcity, District Sawai Madhopur against three accused persons including the petitioner, wherein it was alleged that the prosecutrix was gang raped by the accused persons including the petitioner. On the basis of the said report, a FIR No.574/2013 for the offence under Sections 366, 376D IPC was registered. Thereafter charge sheet was filed against the petitioner Salman and co-accused Hasim Khan for the offence under Sections 363, 366, 370(2), 376D IPC and Section 6 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 Deepak Kumar Vs. State of Rajasthan, 2012 WLC(Raj) 605, Maharaj Singh Vs. State of Rajasthan, 2010 WLC(Raj) 752.