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SUDHIR SINGH
Abhishek Kumar @ Nanhka, S/o Shri Ranvijay Prasad – Appellant
Versus
State of Bihar – Respondent
ORDER :
1. The present appeal has been preferred against the order dated 15.10.2019, passed by learned Additional Sessions Judge-1st, Jehanabad, whereby and whereunder the prayer for grant of bail to the appellant has been rejected in connection with Mahila P.S Case No. 55 of 2018, for the offence registered under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.
2. The prosecution case, in brief, is that the informant submitted a written statement to the S.H.O., Mahila P.S. Jehanabad, on 21.10.2018, wherein he has alleged that the appellant committed rape upon his seven years old maternal grand-daughter in a deserted and lonely place.
3. Learned counsel for the appellant submitted that the appellant has been declared juvenile by the learned Additional Sessions Judge-1st, Jehanabad, vide order dated 19.02.2019 (Annexure-4 to the Memo of Appeal). After conducting inquiry, his age on the alleged date of occurrence has been assessed as 16 years and 8 months. It has been also submitted that the appellant is in custody since 22.10.2018.
4. From perusal of the aforesaid order dated 19.02.2019, it appears that on 31.01.2018, a petition on behalf of the accused having been f
The main legal point established in the judgment is that a juvenile accused should be dealt with under the provisions of the Juvenile Justice Act, 2015, and the failure to do so renders any order uns....
(1) Any order relating to a juvenile passed by any court shall have no effect in eyes of law if the same be passed in non-conformity with provisions of Juvenile Justice Act, 2015. (2) In addition to ....
The detention of a juvenile in an adult jail after being declared a juvenile contravenes the Juvenile Justice Act and constitutes a violation of constitutional rights, necessitating immediate correct....
Section 482 Cr.P.C. which is as saving of inherent powers of High Court.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
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