ANKIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the instant revision petition is to the judgment dtd. 2/12/2021 passed by the learned Additional District & Sessions Judge, Fast Track Court, Sonepat in CRA.35/2021 as well as to the judgment of conviction dtd. 9/3/2021 and the order of sentence dtd. 12/3/2021 passed by the Principal Magistrate, Juvenile Justice Board, Sonepat whereby the petitioners have been convicted for commission of offence punishable under Sec. 377 of the Indian Penal Code, 1860 (for short 'the IPC) and Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act'). Vide order of sentence dtd. 12/3/2021, the following sentence was imposed upon the petitioners that were to run concurrently :- <FRM>JUDGEMENT_17_LAWS(P&H)3_2022_1.html</FRM>

(2.) The brief facts of the case as they emerge are that the petitioners (Children in conflict with law and here-in-after referred to as 'CCL') were apprehend on the basis of a complaint submitted by one Vinod Kumar stating that on 15/9/2018 his son Lakshay, aged 08 years had gone to the Primary School, Village Khandrai, at around 6:00 p.m. where Ankit son of Manoj, Mohan son of Moti Ram and Deepak son of Balraj committed Sodomy and unnatural act of carnal intercourse with his son.

(3.) Pursuant to the said statement, FIR was registered, investigation was conducted and the accused-CCL's Ankit, Mohan and Deepak were apprehended. Upon completion of investigation, a final report under Sec. 173 Cr.P.C. was presented before the Juvenile Justice Board, Sonepat. No dispute has been raised in so far as juvenility of CCL's are concerned.