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2024 Supreme(UK) 659

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani
X – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the revisionist :Mr. Pooran Singh Rawat, Advocate
For the State : Mr. Akshay Latwal, Brief Holder

Hon’ble Ravindra Maithani, J. (Oral)

The challenge in this revision is made to the followings:-

(i) The order dated 31.10.2020, passed by the Juvenile Justice Board, Champawat (“JJB”) in Bail Application No. 05 of 2023, X Vs. State, under Sections 376, 504, 506 IPC and Section 5j(ii)/6 of the Protection of Children from Sexual Offences Act, 2012 (“the Act”), Police Station Lohaghat, District Champawat of the revisionist has been rejected and;

(ii) The judgment and order dated 16.11.2023, passed in Criminal Appeal No.40 of 2023, by the Child Court/Special Session Judge, Champawat (“the Appeal”). By it, the appeal of the revisionist has been rejected and the order passed by the JJB has been upheld.

2. Heard learned counsel for the parties and perused the file.

3. The revisionist is a child in conflict with law (CIL).

4. According to the FIR, the CIL established physical relations with victim, a young girl of 16 years, due to which, she got pregnant. Her foetus was aborted.

5. Learned counsel for the CIL would submit that the CIL is in jail for more than six months. The prosecution story is not believable.

6. Learned State counsel would submit that the victim has supported the prosecution cas

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