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2008 Supreme(Raj) 2716

MANAK MOHTA
Mohd. Sadique – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Iqbal Sehrani, Advocate.
For the Respondent: Vishnu Kachhwaha, Public Prosecutor.

JUDGMENT

1. - Heard.

2. By way of this revision petition, the petitioner has assailed the validity and correctness of orders passed by the Courts below refusing to release the delinquent on bail.

3. Briefly stated that the facts of the prosecution story are that an FIR No. 76/2008 was lodged by one Mohan Lal on 06.08.2008 at P.S. Sandwa alleging inter alia that today in the morning at 5'0 clock when Ls wife got up, she found that her daughter-Komal was not there in the house. They had every suspicion that her minor daughter had been enticed away by Mohd. Sadique. On the basis of aforesaid written report, a case for offence under Secs. 363, 366, 376 and 120-B I.P.C. was registered and the investigation commenced.

4. The police after completion of investigation filed charge-sheet against the petitioner for offence under Secs. 363, 366, 367 and 120-B I.P.C., however, considering the age of delinquent at the time of occurrence of be below 18 years (his date of birth being 15.05.1993) he was detained and produced before the J.J.Court, where the application filed by him under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'J. J. Act' ahead), which was









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