Abc vs State Of Chhattisgarh
2022 Latest Caselaw 6245 Chatt

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                                                                                NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                 Criminal Revision No.740 of 2022
     ABC (Minor)
                                                               ­­­­ Petitioner
                                   Versus
     State of Chhattisgarh, Through Station House Officer,
     Police Station Tilda­Nevra, Raipur, Distt.Raipur (CG)
                                                              ­­­­ Respondents

For Applicant : Mr.C.R.Sahu, Advocate For Respondent/State : Mr.Lalit Jangde, Dy.G.A.

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

13.10.2022

Heard.

1. This criminal revision is filed under Section 102 of the

Juvenile Justice (Care and Protection of Children) Act,

2015 against the order dated 10.6.2022 passed by the

Additional Sessions Judge (FTC), Raipur, in Criminal

Appeal No.120/2022, whereby the appeal preferred by the

present applicant has been dismissed therein affirming the

order dated 30.5.2022 passed by the Juvenile Justice

Board, Baipur in Crime No.283/2021.

2. Case of the prosecution is that the victim was missing

since 21.8.2021 and she was recovered on 16.5.2022. After

recovery, the victim made the statement that she was

abducted by the present applicant on the pretext of

marriage and he committed sexual intercourse with her and

she became pregnant. Initially offence under Section 363

of the IPC was registered and after recovery and recording

of the statement under Section 164 of the CrPC, offence

punishable under Sections 363, 366 & 376 of the IPC and

Sections 4 & 6 of the Protection of Children from Sexual

Offences Act, 2012 were registered against the present

applicant. The applicant moved an application under

Section 12 of the Juvenile Justice Board before the

Juvenile Justice Board, Raipur and same was rejected vide

order dated 30.5.2022. Appeal preferred by him was also

dismissed vide order dated 10.6.2022.

3. Mr.C.R.Sahu, learned counsel for the applicant, submits

that the applicant as well as the victim both were minor

and they stayed in Ahmadnagar (Maharashtra) for a

considerable time where the victim became pregnant. He

further submits that father of the victim has given his

consent for grant of bail to the applicant.

4. On the other hand, Mr.Lalit Jangde, learned Deputy

Government Advocate for the respondent/State, opposes the

submission made by learned counsel for the applicant.

5. I have heard learned counsel for the parties and perused

the records.

6. From perusal of records, it appears that since 21.8.2021

the victim was missing and was recovered on 16.5.2022 and

at that time, she was having pregnancy of five months. The

applicant and the victim stayed in Ahmadnagar

(Maharashtra) for a considerable time. In social status

report of the juvenile, there is no adverse remark against

the present applicant and he is observation home since

16.5.2022. Considering the above aspect, I am inclined to

allow this criminal revision.

7. Consequently, criminal revision is allowed. The judgment

dated 10.6.2022 passed by the Additional Sessions Judge

(FTC), Raipur, in Criminal Appeal No.120/2022 and order

dated 30.5.2022 passed by the Juvenile Justice Board,

Raipur are set aside. It is directed that on furnishing a

surety of Rs.50,000/­ along with a bond of same amount

which are to be of his natural guardian/father/mother, to

the sanctification of the concerned Juvenile Justice

Board, for his appearance as when when directed, the

applicant shall be given in custody of his natural

guardian/father/mother.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge B/­