DURGESH MANDAL Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Revision Application has been preferred under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the judgment dated 23.04.2011 recorded by the Sessions Judge, Pakur in Cr. Appeal No. 15 of 2011 by which the prayer for bail of the juvenile petitioner rejected by Juvenile Justice Board, Pakur was affirmed and the appeal was dismissed.

(2.) Petitioner is in custody since 29.11.2010 for the alleged offence under Sections 376/493/313 of the Indian Penal Code arising out of Pakur (Mahila) P.S. Case No. 21 of 2010, corresponding to G.R. No. 166 of 2010.

(3.) Prosecution story in short is that when the complainant Saraswati Mandal, aged about 18 years, was in the field on 14.02.2010, she was overpowered by the petitioner on the point of knife and was ravished. When she resisted and raised alarm, she was pursuaded and assurance was given by the petitioner that he would marry her and thereafter bodily relationship between petitioner and prosecutrix established for several months as a result of which she conceived and after knowing the fact that she was bearing pregnancy it was alleged that the petitioner with the aid of his friends and doctor terminated her pregnancy.