JUVENILE X Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.8785/2024, which is the second application for suspension of jail sentence filed under Sec. 389 of Cr.P.C.

(2.) The present appeal is filed under Sec. 101 of the Juvenile (Care and Protection of Children) Act, 2015 (hereinafter referred as Act) against the order of conviction under Sec. 302 of IPC for 7 years RI with fine of Rs.3000.00, in default of payment of fine, 3 months RI; under Sec. 201 of IPC for 3 years RI with fine of Rs.2000.00, in default of 2 months RI passed by 4th ASJ, Juvenile Court, Dist. Shajapur by judgment dtd. 21/12/2023 in SPST No.41/2021 arising out of Crime No. 171/2021.

(3.) The earlier application for suspension of sentence was rejected by the order dtd. 10/4/2024, considering the report of the Probation Officer in which it was stated that the applicant's father works as a chowkidar and has a habit of consuming alcohol, while the applicant's mother is a housewife, both of whom are unable to look after him. Additionally, the applicant has an unmarried sister, Shivani. The report also reflects that the applicant is unemployed and faces financial difficulties, with the family consisting only of his parents and unmarried sister. Considering the same, the application was rejected on the ground that there is no adult member in the family to have proper supervision and control over the child in conflict with the law (In short "CICL")