RAM DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred on behalf of the juvenile petitioner - Ram Dayal against the order dated 26.11.2016 passed by learned Sessions Judge, Jhalawar in Criminal Appeal No. 126/2016 whereby, he has affirmed the order dated 18.11.2016 passed by learned Juvenile Board, Jhalawar rejecting the application filed on behalf of the juvenile Ram Dayal under Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015.

(2.) Learned counsel for the petitioner submits that the Courts below have rejected the application keeping the fact in mind that the allegations against the juvenile petitioner for the offences punishable under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act are of serious nature. He further submits that though it has been mentioned by the Courts below that release of the juvenile will allow him to bring into association of criminal persons or expose him to moral, physical or psychological danger but no cogent reason has been assigned to arrive at this inference . It has been stated in the orders impugned in a mechanical way without giving any reason to come to such inference. Learned counsel submits that as per the report received from Superintendent, Observation and Juvenile Home, Jhalawar, family of the juvenile consists of his father, mother and brother, who can very well take care of the juvenile. His conduct and behaviour has also been reported to be good during his custody in the Juvenile Home since 28.10.2016. Learned counsel submits that there is no criminal case pending against the juvenile except the present one. He thus prays that while allowing the revision petition, the orders passed by the Courts below be quashed and set aside and the juvenile be released on bail.

(3.) Learned Public Prosecutor has opposed the prayer stating that there is no infirmity in the orders impugned passed by the Courts below. He has submitted the documents relating to date of birth of the petitioner and the report received from Superintendent, Observation and Juvenile Home, Jhalawar and also from SHO, PS Bhawani Mandi which are taken on record.