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2016 DIGILAW 214 (RAJ)

Birma Ram v. State of Rajasthan

2016-02-04

SANDEEP MEHTA

body2016
JUDGMENT : Sandeep Mehta, J. In pursuance of the order dated 22.01.2016, a compliance report has been received from the office of the Chief Medical & Health Officer, Nagaur. After conducting the medical examination of the petitioner, the Board has opined as below:- "Nothing suggestive that he is Impotent." 2. Thus, evidently, the petitioner's earlier medical report dated 21.09.2015 issued by the Medical Jurist, CHC, Parbatsar wherein, the medical jurist opined that "there is nothing to suggest that he is capable of performing sexual intercourse", is erroneous and appears to have been given inadvertently. The Medical Board's report be forwarded to the Juvenile Justice Board, Nagaur forthwith after retaining a certified copy thereof on record. 3. By way of this revision petition, the petitioner juvenile has approached this Court being aggrieved of the order dated 05.10.2015 (wrongly mentioned in the subject matter and appellate Court's order as 17.10.2015) passed by the Principal Magistrate, Juvenile Justice Board, Nagaur rejecting the application filed on behalf of the petitioner under Section 12 of the Juvenile Justice Act for releasing him on bail and the order dated 20.10.2015 passed by the learned Additional Sessions Judge, No.1, Nagaur rejecting the petitioner's appeal preferred against the said order. 4. I have heard the arguments advanced by the learned counsel for the parties and have gone through the material available on the record. 5. Learned counsel for the petitioner submits that the story as set up by the prosecution in its case is highly doubtful. The victim claims to be 12 years' old girl but when she was medically examined, the doctors found no signs of sexual violence on her body. The victim stated that her relatives tied the accused up at their house. Thereafter, the parents of accused came to her house and started quarrelling. Police was called by the father of the accused, who took hold of him and then released him. She further alleged that the accused was still threatening to take her away. Learned counsel submits that ex-facie, the prosecution was launched because of oblique motives. The real dispute between the parties is entirely different and it has been given a colour of rape in order to wreak vengeance. The petitioner has no criminal antecedents. He thus prays that the revision deserves to be accepted and the petitioner deserves to be released on bail pending inquiry. 6. The real dispute between the parties is entirely different and it has been given a colour of rape in order to wreak vengeance. The petitioner has no criminal antecedents. He thus prays that the revision deserves to be accepted and the petitioner deserves to be released on bail pending inquiry. 6. Learned Public Prosecutor opposes the submissions advanced by the learned counsel for the petitioner. 7. Having regard to the facts and circumstances of the case, particularly considering the fact that the medical examination of the victim resulted into a report reflecting that she did not receive any injury whatsoever in the incident so also keeping in view the mandatory nature of Section 12 of the Juvenile Justice act as well as the fact that the petitioner does not have any criminal antecedents and as his conduct is reported to be satisfactory, this Court is of the opinion that there are justifiable reasons for directing the release of petitioner on bail and into the guardianship of his natural guardian during the inquiry. 8. Accordingly, the revision petition deserves to be and is hereby allowed. The order dated 20.10.2015 passed by the Additional Sessions Judge No.1, Nagaur and the order dated 05.10.2015 passed by the learned Principal Magistrate, Juvenile Justice Board, Nagaur are set aside. The Principal Magistrate, Juvenile Justice Board, Nagaur is directed to release the petitioner Birma Ram into the guardianship of his natural guardian i.e. Shri Mohan Ram on the guardian executing a personal bond for a sum of Rs. 50,000/- along with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Nagaur with the stipulation that on all subsequent dates of hearing, he shall appear before the said court or any other court during pendency of the inquiry and that the guardian shall keep proper look after of the delinquent child. His father shall also undertake that he shall ensure that the petitioner is not brought in touch with any offenders during the pendency of the inquiry.