Rang Nath Pandey, J. - (1.) This criminal revision has been filed against Judgment and Order dated 17.07.2017 passed by the Additional Sessions Judge, Court No.1, Balrampur in Criminal Appeal No.04 of 2017 confirming the order dated 02.05.2017 passed by Juvenile Justice Board, Balrampur in case crime No.563 of 2017 under Section 376 IPC and Section 5M/6 POCSO Act, Police Station Maharajganj Tarai, District Balrampur.
(2.) In brief, the facts of the case are that a first information report was lodged at Police Station Maharajganj Tarai, District Balrampur by the uncle of the victim stating that on 26.2.2017 at about 4.00 P.M., while his nice namely Km. Shayda was going to attend the call of nature, she was dragged by the juvenile accused into the field of sugarcane and thereafter rape was committed by him. As per the prosecution, medical examination of the victim was conducted and her statements under Sections 161 and 164 Cr.P.C. were recorded and on the basis of the medical report the rape with the victim was confirmed.
(3.) The Juvenile Justice Board declared the accused Kapil Verma as juvenile. An application for bail was moved on behalf of the accused which was rejected by the Board vide order dated 02.05.2017. Being aggrieved by the order of the Board, Criminal Appeal No.04 of 2017 was filed before the court of Additional Sessions Judge, Court No.1, Balrampur and by order dated 17.07.2017, the appeal was dismissed by the learned lower appellate Court. The judgment and order of the appellate court has now been challenged in this revision.;