VINAY Vs. STATE OF M.P.

JUDGEMENT

(1.) Rejection of an application u/S.311 of Cr.P.C. preferred by juvenile accused/petitioner herein seeking recall of the prosecutrix to be re-examined, led to petitioner preferring an appeal u/S.101 of Juvenile Justice Act, 2015 which on being dismissed by the appellate Court on 03.08.2018 has impelled the juvenile/petitioner to approach this Court through his guardian Dillip Sharma (father).

(2.) Learned counsel for the rival parties are heard on the question of admission and as well as final disposal.

(3.) The incident dated 10.07.2017 led to filing of an FIR on 11.07.2017 bearing Crime No.421/2017 alleging offences punishable u/S.376D of IPC r/w Sec.4 of the POSCO Act against two accused namely the petitioner and Satyendra @ Guddu. Petitioner was found to be juvenile on the date of incident and therefore his trial proceeded before the Juvenile Justice Board in which testimony of prosecutrix aged about 12 years was recorded as PW-1 on 30.10.2017. This testimony was implicative in nature qua the petitioner/juvenile.