LAWS(ALL)-2021-7-87

RAM KISHAN YADAV Vs. STATE OF U. P.

Decided On July 12, 2021
RAM KISHAN YADAV Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This Criminal Revision has been preferred by the juvenile Ram Kishan Yadav through his father Rajendra Prasad Yadav, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short Act of 2015) against the order dated 18.12.2019 passed by learned Additional Sessions Judge/Special Judge POCSO Act, Sultanpur, in Criminal Appeal No.128 of 2019 Ram Kishan Yadav Vs. State of U.P. and also against order dated 21.11.2019 passed by the Principal Magistrate, Juvenile Justice Board Sultanpur, in Case Crime No. 208 of 2019, under Sections 302, 201 of Indian Penal Code (in short I.P.C.) and Section 3(2)(V) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act), Police Station Kudwar, District Sultanpur.

(2.) Brief facts necessary for disposal of this Criminal Revision are as under:-

(3.) A First Information Report bearing Case Crime No. 208 of 2019 was presented by complainant Sher Bahadur alleging that his brother Sunny Gautam went out from the home on 05.05.2019 at about 11:00 am. When he did not come back the family members became worried. On 06.05.2019 in the evening at about 7:00 pm the brother-in-law of the complainant inquired on telephone about the whereabouts of Sunny Gautam. The complainant told him that he had gone out, on this point his brother-in-law informed him that some unknown persons have killed Sunny and threw the dead body in the forest of Purwa Majre Sohgauli, Sultanpur. On this information the complainant reached on the spot and recognized the dead body as of his brother Sunny Gautam. After cremation on 07.05.2019 he went to lodge the First Information Report.