MANISH MATHUR - (1.) Heard Mr. M.K. Singh Bhardwaj, learned counsel for revisionist, learned AGA appearing for opposite party no.1 and Mr. Ramakar Shukla, learned counsel for opposite party no.2.
(2.) This criminal revision under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed against the order dated 05.02.2019 passed by Additional Sessions Judge First/ Special Judge, Protection of Children From Sexual Offences Act, Sultanpur and order dated 20.12.2018 passed by Juvenile Justice Board rejecting the bail application of revisionist who is more than 16 years at the time of incident. The present revision has been filed with regard to Case Crime No.91 of 2018, under Sections 376 , 504 and 506 IPC and Section 3/4 Protection of Children From Sexual Offences Act registered at Police Station Peeparpur, District Amethi.
(3.) Learned counsel for revisionist has submitted that as per a reading of first information report, allegation has been levelled against the revisionist that he sexually exploited the prosecutrix on the pretext of promise of marrying her. Learned counsel submits that the first information report not only is belated but is also not borne out from the medical report which clearly indicates that no injury mark was seen, the pregnancy test was negative and that she has not undergone any recent sexual activity. Learned counsel for revisionist has submitted that the revisionist is in jail since 17.04.2018 and trial is at the evidence stage. Learned counsel for revisionist has also drawn attention to the report of District Probationary Officer with the submission that nothing adverse has been recorded against the revisionist and merely recommendation has been made that there is scope for reform in case the revisionist is kept in protected home.;