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2023 Supreme(MP) 489

DINESH KUMAR PALIWAL
Child In Conflict – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Ashok Kumar Vishwakarma, Advocate, Shailendra Mishra, Advocate

JUDGMENT

Dinesh Kumar Paliwal, J. - This Criminal Revision has been preferred under Section 397 read with section 401 of Cr.P.C alongwith section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "J.J. Act, 2015") against the appeal judgment dated 20.07.2022 passed by Third Additional Sessions Judge and Special Judge POCSO Act, District Satna, in Criminal Appeal No. 90/2022 arising out of Crime No. 920/2022 of P.S. Kolgawan for offences under section 376,376-A, 376-C and 377 of the IPC and section 5-M,5-N/6 of Prevention of Children from Sexual Offences, Act, 2012 (for short "POCSO Act"), whereby appeal has been dismissed and the order dated 12.07.2022 passed by the Principal Magistrate Juvenile Justice Board, Satna rejecting the bail application of child in conflict with law has been affirmed.

2. As per the allegations, on 29.6.2022, six years old prosecutrix's father alongwith his wife and father appeared at P.S. Kolgawan and lodged F.I.R. stating that he is a JCB driver. There are two shops on the ground floor of his house and out of these shops one iron shop is being run by Sonu Bhai and betel shop is being run by his father. He i

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