Mohit Rawat(Minor) Thru. His ... vs State Of U.P. & Anr.
2021 Latest Caselaw 3217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 681 of 2020
 

 
Revisionist :- Mohit Rawat(Minor) Thru. His Father Muneshwar
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Revisionist :- Pramod Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

The present revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the impugned order dated 12.11.2020 passed in Criminal Appeal No.31 of 2020 by learned Special Judge POCSO Act/Additional Session Judge, court No.44, Barabanki as well as order dated 15.10.2020 passed by Juvenile Justice Board, Barabanki in FIR No.90 of 2019, under Sections 363, 366, 367 I.P.C. and Section 3/4 of POCSO Act.

Despite notice on opposite party no.2, no-one has put in appearance on his behalf to oppose the present revision.

The revisionist was 15 years of age on the date of incident whereas the prosecutrix was around 17 years. Prosecutrix in her statement under Section 164 Cr.P.C. has not supported the prosecution case. She has stated that she went alongwith the accused-revisionist to Lucknow and perform marriage with him. She further stated that no force or coercion was used to her and she went with the accused-revisionist out of her own free will.

The learned Juvenile Justice Court as well as Appellate Court had dismissed the application for bail as well as appeal after considering the report of the Probationary Officer.

The revisionist was declared as juvenile vide order dated 06.07.2019 on the basis of his date of birth recorded in the educational testimonial as 17.05.2005. The trial is in progress. The revisionist is in jail since 20.05.2019.

Considering the aforesaid facts and circumstances of the case, it would be appropriate to enlarge the revisionist on bail and, thus, the impugned judgment and order dated 12.11.2020 passed by learned Additional Sessions Judge/Special Judge, POCSO Act, Lucknow is hereby set aside.

The revision is allowed. The accused revisionist shall be enlarged on bail on terms and conditions as may be fixed by the concerned court.

Order Date :- 8.3.2021

Anand Sri./-