SANTOSH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By moving this petition under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') the petitioner has sought bail through his natural guardian against the FIR No. 132/2008 registered at P.S. Patan, Distt. Sikar for the offence under Ss. 376 and 323 IPC.

(2.) For the disposal of this petition, necessary facts are that a report was lodged at the instance of complainant Kishori Lal on 27.07.2008 in relation to an incident which took place on 27.07.2008. The accused is a juvenile. The FIR was registered on the report bearing No. 132/2008 in the Police Station Patan Distt. Sikar for the offences under Section, 376, 323 IPC. Ah application for grant of bail was moved before the Juvenile Justice Board, Sikar and the same was rejected vide order dated 31.07.2008. An appeal was preferred against the aforesaid order which came to be decided by the learned Sessions Judge, Sikar on 04.08.2008. Hence the present revision petition has been filed.

(3.) It is contended by the learned counsel for the petitioner that the courts below have not taken into consideration the mandatory provisions of the Act. It is contended that the requirement of Sec. 12 of the Act is to enlarge the juvenile on bail unless it is found that on release of a juvenile, he will come in contact with known or unknown criminals. It is contended that juvenile is only of 11 years old and both the courts below have not assigned proper reasons for declining the bail, therefore, the petitioner's matter requires consideration for bail.