Rakesh and Others vs State of Rajasthan

R.S. Chauhan, J.—Aggrieved by the order dated 25.02.2011, passed by the Principal Magistrate, Juvenile Justice Board, Alwar, whereby the learned Magistrate has denied the benefit of bail to the Petitioners u/s 12 the Juvenile Justice (Care & Protection of Children) Act, 2000 (''the Act'', for short) and aggrieved by the order dated 01.03.2011, passed by the learned District and Sessions Judge, Alwar, whereby the learned Judge has dismissed the criminal revision filed by the Petitioners against the order dated 25.02.2011, the Petitioners have approached this Court.

Mr. Deepak Soni, the learned Counsel for the Petitioners, has vehemently contended that the Petitioners have been falsely implicated in this case. Moreover, all the three Petitioners are minor, who have their examinations from 17th March, 2011 till 07th April, 2011. In case the bail is not granted to them, it will jeopardize their life. Thus, they should be granted the benefit of bail.

On the other hand, Mr. Laxman Meena, the learned Public Prosecutor, has contended that the allegations against all the three Petitioners is that they had raped a fifteen years old child. Therefore, to release them on bail would defeat the ends of justice.

Heard the learned Counsel for the parties and perused the impugned orders.

According to the statement given by the prosecutrix, she was taken to a hut and at a knife - point, she was raped by all the three Petitioners. Considering the fact that the allegation is of offence u/s 376 IPC, considering the fact that one has to be sensitive to the plight of the victim, to release the Petitioners on bail, would be to defeat the ends of justice. Moreover, this Court is of the opinion that the Investigating Agency has patently faulted in not adding Section 376(2)(g) as an offence and merely confining this case u/s 376 IPC simplicitor.

However, keeping in mind that the Petitioners should be given the chance to reform themselves through education, this Court directs the Petitioners to furnish the schedule of their examination to the person in-charge of the reformatory home. The person in-charge of the reformatory home is directed to ensure that the Petitioners are sent to their examination centers under police custody. Immediately after completion of the examination on each day, the Petitioners shall be brought back to the reformatory home. The person in-charge of the reformatory home shall make all necessary arrangements with this regard.

With these observations, this petition is, hereby, disposed of.