DESIYA BHURIYA Vs. MAHESH

JUDGEMENT

(1.) This criminal revision under Sec. 102 of the Juvenile Justice Act, 2015 read with Sec. 397 of the Code of Criminal Procedure, 1973 has been filed by the petitioner being aggrieved by the judgment dtd. 29/8/2022, passed by the learned Principal Magistrate of the Juvenile Justice Board, District Jhabua (hereinafter referred to as 'J.J. Board') in C.C. No.227/2017, wherein respondent has been acquitted from the charge under Sec. 305 of IPC.

(2.) Succinctly, the case of the prosecution is that the victim Rajni was 14 years of age studying in Class 8th at Eklavya Avasiya School, Jhabua (M.P.) and was residing in the boarding house of the said school. On 12/8/2017 when the petitioner, the father of the victim visited, she informed her father that the respondent No. 1 / Mahesh molested and assaulted her subjected her to grave insult in front of other students at the hostel where she was residing. Afterthat, on 14/8/2017, the respondent criminally intimidated the victim by threatening to kill her. Further, on 14/8/2017, the victim committed suicide by hanging herself on a tree. Initially, case for unnatural death was registered by Police Station Ranapur, Jhabua. Thereafter, FIR bearing Crime No. 390/2017 was registered against the respondent for the offence punishable under Sec. 305 of IPC and Sec. 17 of POCSO Act.

(3.) During investigation, spot map was prepared, and statements of the witnesses were recorded. After completion of investigation, charge-sheet was filed. As the respondent No. 1, at the time of incident, was below 18 years of age, thus, the case was committed to the J.J. Board.