2015 Supreme(Raj) 1400
BANWARI LAL SHARMA
Praveen Kumar – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Sunil Beniwal, Advocate.
For the Respondent: LR Upadhyay, Public Prosecutor.
JUDGMENT
1. - This is a revision petition against the order dated 19.12.2014 passed by the learned Sessions Judge, Churu in Criminal Appeal No.90/2014 whereby the appeal preferred against the order dated 10.12.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Churu rejecting the application under Section 12 of the Juvenile Justice Act In FIR No.239/2014, P.S. Hamirwas, District Churu has been dismissed.
2. The brief facts of the case are that complainant Kumari Kavlta precented herself before the SHO, P.S. Hamir was on 17.09.2014 and submitted a written report alleging inter alia that on 10.09.2014, when she was coming from her school, then petitioner accused Praveen met her and told that her father has met with an accident and has been taken to Pilani and she has also been called at Pilani. On this, she proceeded to Pilani with the petitioner-accused where one Pramod also met them who asked them to first go to the home and then to the hospital. When they reached at the home, they closed the door and committed rape with her. Thereafter, she returned to her home. Later, when she realised that this will encourage the accused, therefore, she lodged the complaint.
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