J.J. Munir, J. - (1.) Failure in Criminal Appeal no.150 of 2017 before the learned Sessions Judge, Aligarh under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter referred to as the 'Act') carried from an order of the Juvenile Justice Board, Aligarh, dated 28.06.2017 made in relation to the Case Crime no.89 of 2017, State vs. Kana alias Devraj Singh, under Sections 376D IPC and Section 5/6 of the POCSO Act, Police Station Madrak, District Aligarh, rejecting a bail plea by Kana alias Devraj Singh, a child in conflict with law, has brought him to this Court. The appeal before the Sessions Judge was dismissed by an order dated 21.08.2017, whereafter the present revision was filed on 4th October, 2017 by the revisionist who is confined in the Children Reformatory Home since 19.05.2017 - a period of about a year and two months by now.
(2.) The prosecution case as set out in the First Information Report giving rise to the present crime is to the effect that the informant Nepal Singh is a native of Village Nagla Puranmal, Police Station Madrak (District Aligarh); that on 08.05.2017 at about 7.30 in the morning his daughter aged about 14 years, and, hereinafter referred to as the 'prosecutrix', left home to answer the call of nature heading out to the fields for the purpose; that thereabout one Rahul son of Virendra Dhimar and Kana son of Kali Charan Jatav (revisionist), both natives of Village Nagla Puranmal pounced upon the prosecutrix, muffled her voice by a grip of their palm to her mouth and each of them, one after the other, ravished the prosecutrix; that on return her home, the prosecutrix shared what had befallen with the informant and his wife, her mother; that ever since the occurrence, natives of the Village had been pestering the informant to amicably settle the matter; and, that it is on this count, he did not come to report the matter earlier.
(3.) The First Information Report was registered on 10.05.2017 at 17:00 hours vide GD Entry no.27 as Case Crime no.0089 of 2017, under Section 376D IPC, Section 5/6 of the POCSO Act and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989 at Police Station Madrak, District Aligarh. The revisionist moved the Juvenile Justice Board seeking to be declared a juvenile, and, after consideration of the plea, the Board vide their order dated 09.06.2017 declared the revisionist a juvenile/ a child in conflict with law.;