SANJAY Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present criminal revision petition is to the judgment dated 17.4.2014, passed by learned Additional Sessions Judge, Rohtak, whereby the appeal filed by the informant - Narender Kumar, against the order dated 25.1.2014, passed by learned Principal Magistrate, Juvenile Justice Board, Rohtak (for brevity, 'learned Juvenile Court'), was set aside and the petitioner was held not to be a juvenile in conflict with the law.

(2.) THOUGH narration of facts would not be necessary for the purpose of disposing of present petition, yet to be clear on all aspects it is deemed necessary to give a brief description of the relevant facts. On 26.2.2009, an information was received by the Station House Officer, Government Railway Police, Rohtak, that two persons were run -over by Train No. 2556 DN Express. Out of them, one had died while the second one was seriously injured. On 27.2.2009, informant -Narender Kumar identified the dead body of his daughter, Kajal. He suffered a statement before the police that Kajal was aged about 15 years and a student of 10th standard; on 26.2.2009, at about 2:45 p.m., the petitioner, who also belonged to his village, had fled along with his daughter, Kajal, from the village; it was also averred that the petitioner, Sanjay, had been teasing Kajal for last one year and wanted to develop illicit relations with her; and that Kajal had been murdered by the petitioner.

(3.) AFTER investigation, the charge -sheet (report under Section 173, Cr.P.C.) was presented before learned Juvenile Court. An enquiry by following the procedure under Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for brevity, 'the Rules') was conducted and it was held by learned Juvenile Court that on the date of occurrence, i.e. 26.2.2009, the petitioner was less than 18 years of age and, as such, he was 'juvenile in conflict with law'.