Sarik @ Shahrukh (Juvenile) vs State Of U.P. And Another
2022 Latest Caselaw 756 ALL

Citation : 2022 Latest Caselaw 756 ALL
Judgement Date : 7 April, 2022

Allahabad High Court

Sarik @ Shahrukh (Juvenile) vs State Of U.P. And Another on 7 April, 2022

Bench: Rajiv Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 
Case :- CRIMINAL APPEAL No. - 1353 of 2021
 
Appellant :- Sarik @ Shahrukh (Juvenile)
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Ajay Kumar Pathak
 
Counsel for Respondent :- G.A.
 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for the appellant, learned AGA for the State and perused the record.

Present criminal appeal has been preferred against the judgment and order dated 11.02.2021 passed by Additional District and Sessions Judge/ Special Judge (POCSO Act) Ist, Hathras in Case Crime No. 890 of 2018, under Section 376(D) IPC and Section 3/4 of POCSO Act, Police Station Sadabad Kotwali, District Hathras.

Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

Learned counsel for the appellant has further submitted that the appellant is a juvenile and he is in jail since 25.12.2018, as such, he be released on bail.

Per contra, learned AGA has vehemently opposed the prayer of the appellant and has pointed out that the victim is a girl, aged about four years and she has been ravished by as many as three accused persons including the appellant.

Perusal of the statement of the witnesses recorded under Section 161 CrPC clearly shows active complicity of the appellant. The appellant is more than 16 years of age, as such, he can be convicted except for death or life imprisonment. No illegality has been pointed out by learned counsel for the appellant in the impugned order passed by the court below.

Having considered the rival submissions made by learned counsel for the parties and looking to the nature, gravity and seriousness of the accusation and role assigned to the appellant including his depraved mental status and criminal proclivity, I am not inclined to grant bail to the appellant. Accordingly, this criminal appeal is dismissed.

Order Date :- 7.4.2022

Nadim