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2025 Supreme(Online)(HP) 6047

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
V (a juvenile) – Appellant
Versus
State of H.P. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Harish Sharma
For the Respondents: Mr. Ajit Sharma

The present revision is directed against the judgment dated 10.06.2024 passed by learned Sessions Judge, Shimla (learned appellate Court), vide which the order passed by learned Juvenile Justice Board (JJB), Shimla was upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present petition are that the police presented a challan against the petitioner for the commission of an offence punishable under Section 376 of the Indian Penal Code (in short “IPC”) and Section 4 of Protection of Children from Sexual Offences (POCSO)Act. It was asserted that the victim was aged 7 years on the date of the incident. Victim’s father went to see off hisu guests on 12.02.2021. The victim and her sister accomopanied him. The victim told him that she was going tCo the house of the petitioner to play with him. She returned after some time. Victim’s mother called her husband at about 2:30 pm and told him that the victim had pain in her stomach. Inquiries were made from the victim, Hand she disclosed that the petitioner took her to a cowshed and raped her. The police register

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