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2021 Supreme(All) 342

PRADEEP KUMAR SRIVASTAVA
Jai Kishan (Minor) – Appellant
Versus
State of UP – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Maimoona Fatima

JUDGMENT :

1. Ms. Maimoona Fatima, learned counsel for the revisionist and learned AGA are virtually connected.

2. The opposite party no.2 has been served with notice, but none has appeared on his behalf.

3. Heard.

4. This revision has been filed against the judgment and order dated 23.9.2020 passed by Additional District and Sessions Judge/ Special Judge, POCSO Act-3, Gorakhpur in Criminal Appeal No.58 of 2020, which was preferred against the order dated 26.8.2020 passed by the Juvenile Justice Board, Gorakhpur rejecting the bail application of the revisionist and the appeal filed against the same has been also dismissed by the Additional District and Sessions Judge by the impugned order.

5. The FIR was registered against the revisionist, Jai Kishan (Minor) and others in respect of incident dated 3.4.2020 for the offence under Sections 147, 323, 376, 452, 504, 506 IPC and 3/4 POCSO Act, Crime No. 94 of 2020, PS -Sahjanwa, District Gorakhpur with the allegation that on 3.4.2020 at about 01:00 AM in the midnight, the revisionist on the point of a knife committed rape on the victim, who was a minor and he was caught red handed by the family members at the time of occurrence. Police was in

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