SANDEEP MEHTA,J. - (1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the Challan papers.
(2.) The instant revision has been filed under section 397 and 401 Cr.P.C., 1973 read with Sections 12 and 102 of Juvenile Justice Act on behalf of the petitioner, who is in custody in connection with F.I.R. No.30/2017, P.S. Khewada, District Pali for the offences under Sections 363, 307, 376/511 I.P.C., Section 11/18 of POCSO Act and Section 3(1)(w)(i) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act against the order dated 6.5.2017 passed by the learned Special Judge, POCSO Act Cases (SC/ST {PA} Act Cases), Pali whereby the appeal preferred against the order dated 26.4.2017 passed by learned Principal Magistrate, Kishor Nyay Board, Pali rejecting bail application preferred by the petitioner's natural guardian i.e. mother under Section 12 of the Juvenile Justice Act, was dismissed.
(3.) In the F.I.R. as well as in the first statement of the victim Mst.'M' recorded under Section 161 Cr.P.C., 1973 under video graphy, she categorically stated that the accused Dargaram subjected her to sexual assault and that nobody else was present during the said incident. The statement of the victim was recorded under Section 164 Cr.P.C., 1973 about 16 days later wherein, she alleged that Dargaram opened her clothes and the appellant herein caught hold of her. Thereafter, Dargaram subjected her to sexual assault. Thus, in the said statement also, the allegation of sexual assault was specifically levelled against Dargaram. In this background, the appellant, who is a 13 years old child, deserves to be enlarged on bail into the guardianship of his natural guardian i.e. mother.;