NAVEEN KUMAR POONIA THROUGH HIS NATURAL GUARDIAN AND FATHER MANDROOP SINGH POONIA Vs. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) Petitioner through his natural guardian father has preferred this revision petition aggrieved by order dated 13.04.2017 passed by Special Judge (SC/ST Prevention of Atrocity Cases), Jaipur and against order dated 03.04.2017 passed by Juvenile Justice Board No. 1, Jaipur, whereby, the Courts below have dismissed the application filed by the petitioner under Section 12 of the Act.

(2.) It is contended by counsel for the petitioner that the prosecutrix was aged 15 years and 7 months, whereas, the petitioner was aged 16 years and 9 months and it is only upon the calling of the prosecutrix that the petitioner went to her and he has not committed any act against her. It is also contended that the petitioner has been treated as a juvenile as per Section 15 of the Amended Act. It is also contended that the report of the Probation Officer is also in favour of the petitioner and the Courts below have rejected the application only on the ground that there are chances that release of the petitioner would bring him in association of known-criminals and that such release may have an adverse effect upon him.

(3.) Learned Public Prosecutor has opposed the revision petition. His contention is that the offence committed is a heinous offence and there is no perversity in the impugned orders.