KULDEEP KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Born in a village on 7.6.1985, at the young age of 16 years, the petitioner, his brother Sunil and father Palturam were named as accused for having committed an offence punishable under Section 452/323/504/506 IPC, when the wife of the younger brother of his father lodged a complaint with the police that Palturam and his two sons i.e. Sunil and the petitioner had barged into her house, abused her and threaten to kill her family members and that her son Kiran Kumar was beaten with an iron rod.

(2.) Unfortunately for the petitioner his lawyer seems to be ignorant of the Juvenile Justice (Care & Protection of Children) Act 2000 and took no defence of the petitioner being a juvenile. Trial continued. Vide judgment and order dated 18.7.2003, the petitioner, his father and brother were acquitted. It is not that the witnesses turned hostile. The Court did not believe the prosecution witnesses.

(3.) A perusal of the decision rendered by the Court of the Judicial Magistrate at Roorkee has traces of the petitioner, his father and his brother being ensnared in the clutches of the law; by exaggerating a trivial family feud. We say so for the reason the family members who had deposed against the accused were not believed. The decision shows that exaggerated versions and contradictions were being stated before the Court.