HARIOM SONI Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act 2000, read with Sections 397/401 of the Code of Criminal Procedure 1973, has been preferred against an order dated 10th of August, 2011 in Sessions Case No. 25/2011 by the First Additional Sessions Judge, Guna (M.P.), holding thereby the respondents/accused Nos. 2 and 3, namely, Shakir Mewati and Saddam Mewati as juveniles in exercise of powers conferred under Section 7A of the said Act and the juveniles mentioned above were directed be tried by the Juvenile Justice Court at Guna.

(2.) The facts necessary for the disposal of this revision are that on 6.12.2010 at Town of Raghogarh, District Guna, one Deepak Soni s/o Babulal Soni was reported to be missing from his house. Said report was recorded in Rojnamcha of the Police Station. During search on 8.12.10, the dead body of Deepak Soni in a gunny bag was found under beneath of culvert of ITI at Raghogarh. Accordingly, a Marg report was registered. During inquiry, it is gathered that the accused including respondents Nos. 2 and 3 committed murder of missing Deepak Soni and caused the evidence of offence to be disappeared with an intention to suppress the real culprit from legal punishment. An FIR was lodged and after investigation, the charge-sheet was filed before the criminal court. After committal, the Sessions trial was commenced before the trial court at Guna. During trial the respondents Nos. 2 and 3 filed the application stating that on the date of incident, i.e., 16th December 2010, they were below 18 years of age and being juveniles, it was requested that their case be referred to the juvenile, it was requested that their case be referred to the Juvenile Justice Court for holding an inquiry regarding their age and trial before the board. The trial Court on the basis of the evidence of the respondents Nos. 2 and 3 filed with the application and the evidence collected during such investigation concluded that the respondents No.2 and 3 were not juveniles. Being aggrieved by the order of the trial court, they preferred Cri. Rev No. 306/11, which was decided by this court vide order dated 28.6.2011 in the following manner:

(3.) In compliance of the directions of this court dated 28.6.2011, the medical examination of the respondents Nos. 2 and 3 were again conducted and after assessment of the oral and documentary evidence on record, it was concluded under the impugned order that they were below 18 years of age at the time of commission of offence, i.e. on 6.12.2010. Consequently, it was directed by the trial court that the trial of Juveniles be separately conducted by the Juvenile Board and the prosecution was granted liberty to file a separate charge-sheet before the Juvenile Justice Board, Guna for trial of the accused in accordance with law. Being aggrieved by the impugned findings, the complainant/petitioner has filed the instant revision.