LAWS(RAJ)-2018-9-63

YOGESH Vs. STATE OF RAJASTHAN

Decided On September 06, 2018
YOGESH 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 23.07.2018 passed by the learned Children Court (Special Court, Protection of Children from Sexual Offences Cases), Sri Ganganagar (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 09.07.2018 passed by Principal Magistrate, Juvenile Justice Board, Sri Ganganagar (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.) Heard the learned counsel for the petitioner and the Public Prosecutor and perused the report of the Probation Officer dated 28.08.2018 submitted before this Court.

(3.) Learned counsel for the petitioner has submitted that in the police investigation, it is borne out that petitioner and the prosecutrix were in relation from some time and both of them have decided to marry each other. It is submitted that prosecutrix went to Jaipur as per her own will and thereafter met the petitioner and, therefore, it cannot be said that the petitioner has abducted the prosecutrix. It is also submitted that petitioner and the prosecutrix are minor and have developed physical relation as per their own will. It is also submitted that petitioner was not involved in any other criminal case.