Rajasthan High Court - Jodhpur
Kishore Singh vs State Of Rajasthan on 30 June, 2021
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 473/2021
X S/o Babu Singh, Aged About 17 Years, By Caste Rawat,
Resident Of Village Balaton Ki Guvar, Police Station And Tehsil
Bheem, District Rajsamand (Raj.) Minor Through His Natural
Guardian Father Babu Singh S/o Narayan Singh, Age 44 Years
(Presently Detained At Observation Home Rajsamand)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kaluram S/o Bhura Ram, By Caste Balai, Resident Of
Village Balaton Ki Guvar, Police Station And Tehsil Bheem,
District Rajsamand (Raj.)
----Respondents
For Petitioner(s) : Mr. Pradeep Shah, through VC
For Respondent(s) : Mr. Arun Kumar, P.P.
Mr. G.S. Bhati, through VC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 30/06/2021 The petitioner child 'X' son of Mr. Babu Singh in conflict with law (identity of the child has been protected in view of the direction given by Hon'ble the Supreme Court in the case of Shilpa Mittal vs. State of NCT of Delhi & Ors. reported in AIR 2020 SC 405) has been confined in connection with FIR No.200/2021 registered at Police Station Bheem, District Rajsamand for the offences under Sections 363, 366, 372(2)(n), 376(3) and 376D of IPC, Sections 5/6 and 17 of the POCSO Act and Sections 3(1)(W)(i), 3(2)(v) and 3(2)(va) of the SC/ST Act and is lodged at the Observation Home, Juvenile Justice Board, (Downloaded on 30/06/2021 at 08:33:01 PM) (2 of 3) [CRLR-473/2021] Rajsamand. The bail application preferred on his behalf by his natural guardian father Mr. Babu Singh under Section 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Rajsamand by order dated 30.04.2021. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act also stands rejected by the learned Sessions Judge, Rajsamand by order dated 25.05.2021. These two orders are assailed by the petitioner through his natural guardian in this revision preferred under Section 397 of the Cr.P.C. read with Section 401 CrPC and Section 102 of the Juvenile Justice Act.
I have heard and considered the submissions advanced by learned counsel representing the petitioner and the learned Public Prosecutor and have gone through the impugned orders as well as the case diary.
The victim Mst. 'H', upon being examined under Section 164 CrPC categorically stated that the sexual relations between herself and the present petitioner were established because she instructed the accused to do so. Though it is true that consent of a minor is not relevant in law, but the fact remains that both victim as well as the petitioner are children within the meaning of Juvenile Justice Act and as per Section 3(1) of the Act, there is a presumption of innocence of a child in conflict with law, who is below the age of 18 years.
In this background, I am of the opinion that the conditions of Section 12 of the Juvenile Justice Act are duly satisfied and hence, the petitioner is entitled to be enlarged on bail during the pendency of the enquiry before the Juvenile Justice Board.
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(3 of 3) [CRLR-473/2021] Consequently, the instant revision is allowed. The impugned order dated 25.05.2021 passed by the learned Sessions Judge, Rajsamand and the order dated 30.04.2021 passed by learned Principal Magistrate, Juvenile Justice Board, Rajsamand are set aside. It is ordered that the accused-petitioner 'X' S/o Mr. Babu Singh arrested in connection with FIR No.200/2021 registered at Police Station Bheem, District Rajsamand shall be released on bail; provided his natural guardian Mr. Babu Singh furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned court below with the stipulation to appear before the Board on all dates of hearing and as and when called upon to do so.
(SANDEEP MEHTA),J 5-Pramod/-
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