M.Cr.C. No.6974/2010
10.09.2010
Shri Sanjay Singh, Advocate for the applicant.
Shri R.N.Yadav, Panel Lawyer for the
respondent/State.
Heard on IA No.15256/2010, an application
for urgent hearing.
Since the case diary is available, the
application is allowed.
Also heard both the parties.
The applicant is apprehending his arrest in
connection with Crime No.124/2010 registered at
Police Station Amiliya District Sidhi for the offence
punishable under Sections 363, 366, 376 read with
Section 34 of IPC.
Learned counsel for the applicant submits
that the present applicant is a juvenile, whereas
the prosecutrix is major. The prosecutrix left her
house with her consent, and therefore no offence
under Sections 363, 366 and 376 of IPC is made
out against the applicant. There is no allegation
that he committed rape with the prosecutrix. It is
alleged that he simply helped the other co-accused
in kidnapping/abduction of the prosecutrix,
therefore he prays for anticipatory bail.
On the other hand learned Panel Lawyer for
the State submits that the present applicant is the
culprit for commission of offence under Section
376 read with Section 34 of IPC. The consent of
the prosecutrix could not be presumed in such an
initial stage, therefore, it is not a good case for
grant of anticipatory bail.
Looking to the facts and circumstances of the
case, I am of the view that if the application of the
present applicant is rejected on merits by this
Court, then the applicant will lose the opportunity
to appear before the appropriate Board constituted
under the Juvenile Justice (Care and Protection of
Children) Act, 2000 and to file appeal against the
order passed by the Court below. Under these
circumstances, the application of the present
applicant is not decided on merits, but it is
disposed off with liberty to the applicant to appear
and prosecute his matter before the Juvenile
Justice Board.
Accordingly, this application is disposed off
with the aforesaid liberty.
(N.K.Gupta)
Judge
Ansari