KOMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WITH the consent of the parties, heard finally. The applicant has preferred this criminal revision under Section 53 of the Juvenile Justice (Care And Protection of Children) Act, 2000 (hereinafter referred to as 'Juvenile Justice Act') being aggrieved by the order dated 26.2.2013 passed in Criminal Appeal No. 33/2013 by First Additional Sessions Judge, Balaghat whereby the appeal filed on behalf of father of juvenile has been dismissed after affirming the order of refusal of releasing juvenile (applicant) on supurdginama.

(2.) THE facts, in short, giving rise to this criminal revision are that applicant has been arrested in connection with Crime No. 33/2012 for offence punishable under Sections 276(2 -chha), 323, 506 -B/34, 363 and 366 -ka of IPC and sent him to Juvenile House, Seoni. Thereafter, father of the juvenile/applicant filed an application for supurdginama of his son before the Juvenile Justice Board but same was rejected on 8.2.2013 by the Chief Judicial Magistrate, Balaghat on the ground of gravity of offence. Being aggrieved thereby, an appeal under Section 52 of the Juvenile Justice Act was preferred by the applicant, which was also dismissed vide impugned order dated 26.2.2013, hence this revision.

(3.) LEARNED Public Prosecutor for the State has supported the impugned judgment passed by the Courts below.