RISHIPAL SINGH SOLANKI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the impugned order dated 12.03.2021 passed by the High Court of Judicature at Allahabad in Criminal Revision No.430 of 2021 whereby the High Court rejected the aforesaid criminal revision filed against the judgment and order dated 04.01.2021 passed by the Additional District and Sessions Judge, Special Judge POCSO Act (Exclusive Court), Baghpat, Uttar Pradesh, dismissing the Criminal Appeal No.27 of 2020. The said criminal appeal was filed against the order dated 11.11.2020 passed by the Principal Magistrate, Juvenile Justice Board, Baghpat allowing the Miscellaneous Case No.16 of 2020 arising out of Case Crime No.116 of 2020 under sections 147, 148, 149, 323, 307, 302 and 34 of the Indian Penal Code (for short, the 'IPC '), Police Station at Singhawali Ahir, District Baghpat, Uttar Pradesh, and declaring the accused - Nishant Solanki @ Nishu (respondent no.2 herein) as a juvenile delinquent.

(2.) Succinctly stated, the facts are that, in an incident that occurred on 05.05.2020 at around 4:00 pm, inter alia, respondent no.2 - Nishant Solanki @ Nishu (hereinafter referred to as 'Nishant ') along with other accused are alleged to have attacked upon the appellant and his family causing serious injuries as well as death of appellant 's father Bhopal Singh, who was declared 'brought dead ' by the doctor on the same day i.e. 05.05.2020 and his uncle Kaluram, who died on 09.05.2020 due to grievous injuries sustained by him in the aforesaid incident.

(3.) Nishant, through his mother/natural guardian-respondent no.3 herein, filed an application being Miscellaneous Case No.16/2020 before the Juvenile Justice Board (hereinafter referred to as the 'JJ Board '), Baghpat, praying therein that the respondent no.2/accused viz., Nishant, be declared as a juvenile delinquent. Evidence was let in on the said application through respondent no.3 who is the mother and natural guardian of Nishant. On coming to know about the same, the appellant herein entered appearance in the said proceeding through his counsel and filed an application dated 20.07.2020 under Section 311 of the Code of Criminal Procedure (for short, the 'Cr.P.C. ') seeking permission of the JJ Board to cross-examine respondent no.3. The appellant herein was permitted to do so on 22.07.2020, on which date the application was posted for further cross- examination of the mother of Nishant. On the said date, respondent no.3 was further cross-examined by the appellant.