LAWS(RAJ)-2018-9-45

BINTU RAM Vs. STATE OF RAJASTHAN

Decided On September 05, 2018
Bintu Ram Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This criminal revision petition under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015' hereinafter) is directed against the order dated 12.06.2018 passed by the learned Sessions Judge, Hanumangarh (for short 'the appellate court' hereinafter), whereby the appellate court has dismissed the appeal filed by the juvenile through his natural guardian against the order dated 05.06.2018 passed by Principal Magistrate, Juvenile Justice Board, Hanumangarh (for short' the trial court' hereinafter) on an application under section 12 of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed by the trial court.

(2.) Learned counsel for the petitioner has argued that as a matter of fact earlier the father of the prosecutrix lodged a complaint with the police on 11.03.2018 alleging that the petitioner committed rape upon his minor daughter but later on, on 14.03.2018, the parties had entered into compromise, wherein the father of the prosecutrix specifically gave in writing to the police that on account of compromise arrived at between the parties, he does not want to press the allegations levelled in the complaint, filed by him, however, after two months, FIR No. 73/2018 of Police Station Gogamdi, District Hanumangarh has been lodged by the father of the prosecutrix, wherein he has not mentioned the factum of compromise arrived at between the parties. Learned counsel for the petitioner has also submitted that as a matter of fact the main dispute is between the father of the petitioner and the father of the prosecutrix in respect of some money transaction and when the father of the petitioner failed to pay amount of Rs. 1.5 lakh to the father of the prosecutrix, the false FIR has been lodged against the petitioner.

(3.) Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the report of the SHO, Police Station Gogamedi, District Hanumangarh dated 10.07.2018, submitted before this Court.