The court ruled that compromises in serious offences such as gang rape are inadmissible, maintaining that ongoing trials require full integrity and witness cooperation despite witness hostility.

JUDGMENT :

1. This Criminal Revision Application has been filed on behalf of the juvenile petitioners challenging the judgment dated 22.07.2024, passed by Shri Akhilesh Kumar Tiwari, learned Addl. Sessions Judge-1-cum-Special Judge, Children Court, Civil Courts, Lohardaga in Criminal Appeal No. 50 of 2024, by which prayer for bail of the petitioners has been rejected by affirming the order dated 04.06.2024, passed by the In-Charge Principal Magistrate &Members of Juvenile Justice Board, Lohardaga (wrongly stated as Presiding Officer, Juvenile Justice Board, Lohardaga in this Revision Application), arising out of Bhandra P.S. Case No. 24 of 2024 in connection with G.R. No. 264 of 2024 instituted for the offence under Section 376 D I.P.C. and Section 6 of POCSO Act, by which the prayer for bail of the petitioners has been rejected.

2. The father of the victim girl had lodged the F.I.R. giving rise to Bhandra P.S. Case No.24 of 2024 stating therein that on 08.05.2024 his two daughters, i.e. the Victim girl, aged about 17 years (name not disclosed in the light of the judgment of the Hon’ble Supreme Court in the case of Nipun Saxena and another v. Union of India and others , (2019) 2 SCC 703 and Notification No. 23/2023/R&S/JHC dated 20.12.2023 of the Jharkhand High Court) and her sister, aged about 15 years (name not disclosed in view of the above stated judgment and the notification) had gone to attend a party of ring ceremony and after ring ceremony one of his daughters, aged about 15 years returned to home, but his elder daughter (i.e. the victim), aged about 17 years did not return. Thereafter, the Informant started searching for her and on 11.05.2024 she was recovered from the house of one of her friends in a frightened condition. Thereafter, his daughter, i.e. the victim girl disclosed that while she was returning on 08.05.2024 from the party of ring ceremony, then she was subjected to gang rape one by one by all the juvenile Petitioner No. 1 to Petitioner No.4, namely Dharmu Oraon, Santosh Oraon, Budheshwar Oraon and Sanjay Oraon respectively.

3. Learned counsel for the petitioners submitted that the impugned judgment and order passed by the learned Appellate Court and the Juvenile Justice Board are illegal arbitrary and not sustainable in the eye of law. It is submitted that the allegation of rape by the juvenile petitioners upon the Victim Girl is false and concocted. It is further submitted that the Informant has got the case compromised with the petitioners and the Victim Girl has not stated against them during her evidence. It is submitted that the juvenile petitioners are in jail from 12.05.2024 and hence, the juvenile petitioners may be enlarged on bail.

4. None appears on behalf of the State and also on behalf of the Informant on repeated call.

5. Perused the record of this Criminal Revision Application and Social Investigation Report of the petitioner.

6. It appears from the F.I.R. that all the juvenile petitioners have committed Gang rape upon the victim girl near the Mango Orchard in the night of 08.05.2024, while she was returning after attending the party of ring ceremony.

7. It also appears that all the juvenile petitioners are named in the F.I.R.

8. Although, there is some delay in lodging the F.I.R. by the Informant as the Informant was searching his daughter, i.e. the Victim Girl, who was recovered in a frightened condition in the house of her friend though her name finds place in the deposition of P.W.1, who is the father of the Victim Girl and the Informant