SUBHAM KUMAR MALIK Vs. STATE OF U.P.

JUDGEMENT

(1.) Shubham Kumar Malik, a juvenile in conflict with the law, has approached this Court under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the Act'), asking this Court to revise a judgment and order of Shri Om Prakash Verma, Special Judge, POCSO Act, Bijnor dated 06.11.2019, dismissing Criminal Appeal No. 63 of 2019 and affirming an order of the Juvenile Justice Board, Bijnor dated 31.08.2019, refusing bail to the revisionist in Case Crime No. 225 of 2019, under Section 302, 201/34 I.P.C., P.S. Najibabad, District Bijnor.

(2.) Heard Sri Dharmendra Dhar Dubey, learned Counsel for the revisionist, learned A.G.A. appearing on behalf of the State and Sri Mukhtar Alam, learned Counsel appearing on behalf respondent no.2.

(3.) The prosecution case disclosed in the FIR is that the informant's son, Dipanshu, aged about 18 years, left home on 19.04.2019 without telling his whereabouts. The informant searched for him but could not locate him. Thereupon, the informant lodged a missing report on 21.04.2019 with P.S. Najibabad. In the meanwhile, the informant kept up search for his missing son. He could not find him. Then, on 23.04.2019, the dead body of the informant's son was found concealed within the Bhareki canal, falling in the local limits of P.S.- Kiratpur, district-Bijnor. It is said that some unknown offenders had done the informant's son to death. Upon receipt of this information, the informant and his relatives proceeded to the site where Dipanshu's body lay for the purpose of identification. It is also mentioned that the police of P.S. Kiratpur sent the body for autopsy. The information requests necessary action against unknown offenders. The prosecution story that unfolds is that two witnesses, to wit, Naseem and Pavan Kumar told the police that they had last seen the deceased in the company of co-accused, Harsh Verma @ Suraj and Ritul on 19.04.2019 at about 4.00 p.m. There are some call detail records which show that co-accused, Harsh Verma @ Suraj, on 19.04.2019 at 5.20 p.m. used the mobile handset of the deceased putting in his own SIM card and browsing the internet. The name of the revisionist and another co-accused, Manish @ Raja surfaced through a confessional statement of Harsh Verma @ Suraj recorded on 28.04.2019. In the said statement, Harsh Verma @ Suraj assigned the role of catching hold to the revisionist and the co-accused, Manish @ Raja whereas the role of inflicting the injuries is attributed to Harsh Verma @ Suraj and Ritul.