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2021 Supreme(All) 1318

VIKAS BUDHWAR
Vishal Kannaujiya – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Rajnish Shukla

JUDGMENT :

1. This is a revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short the J.J. Act, 2015), instituted against the order dated 26.8.2020 passed by the Principal Magistrate, Juvenile Justice Board, Gorakhpur in Case Crime no. 09 of 2020 (State Vs. Vishal Kannaujiya), under Section 376 IPC read with Section 5/6 of the Prevention of Child from Sexual Offence Act, 2012, hereinafter referred to as the ‘POCSO Act’, P.S. Khajani, District Gorakhpur as well as the order dated 27.11.2020 passed by learned Addl. Sessions Judge/Special Judge (POCSO Act), Court No.1, Gorakhpur, in Criminal Appeal No. 62 of 2020, Vishal Kannaujiya Vs. State of U.P. and others refusing the bail to the revisionist.

2. Brief facts of the case set-forth by the revisionist are that the prosecution has alleged that the victim Miss Neeraj Kannaujiya, daughter of Ram Laut Kannaujiya is 17 years old, as whereas revisionist-juvenile being Master Vishal Kannaujiya son of Rajesh Kannaujiya was aged about 16 years, they were found wandering in a suspicious condit

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