SUBHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has challenged the order dated 23.5.2012 passed by the learned Sessions Judge, Burhanpur in criminal appeal No.61/2012, whereby the appeal filed by the petitioner was dismissed and order dated 7.5.2012 passed by the Chief Judicial Magistrate, Burhanpur in criminal case No.71/2012 was kept intact, by which it was found that the petitioner was not a juvenile in the eye of law.

(2.) The prosecution's case, in short, is that on 18.4.2012, at about 12 O'Clock, the petitioner and other children were playing cricket. The boy Sachin had a liability of Rs.50 to 60 thousands and therefore, they planned to kidnap a boy Kaushal, so that some ransom may be demanded from his father. Kaushal was also playing cricket with these persons. He did not agree and therefore, the petitioner and other accused persons held the deceased Kaushal and tried to take him away. His hands and feet were tied by a rope and during such a procedure, the deceased Kaushal expired, due to strangulation. Thereafter, the dead body of the deceased Kaushal was disposed off by throwing it in a dry well and ultimately, a sum of Rs.6 Lacs were demanded from his father. After enquiry, one accused Dipesh was found to be juvenile and therefore, his matter was directed to be considered by the Juvenile Justice Board.

(3.) The petitioner had also applied to assess his age and declare him juvenile and therefore, an enquiry was done by the learned Chief Judicial Magistrate, Burhanpur, as per the provisions of section 7 (a) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter it will be referred to as 'The Act') and rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (hereinafter it will be referred to as 'The Rule') and after getting the enquiry done, it was directed that the applicant was not a juvenile and therefore, the application filed by the applicant was dismissed. On preferring an appeal, the learned Sessions Judge has found that the appeal was not maintainable and therefore, no interference was done in the order passed by the learned Chief Judicial Magistrate, Burhanpur.