KRISHAN AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition is filed challenging the judgment of conviction and order of sentence dated 10.9.2014 passed by Juvenile Justice Board, Yamunanagar (Board for short) and the order passed in appeal on 4.11.2014. The petitioners were directed to be sent to the Special Home for a period of three years by the Principal Magistrate of the Board. The appeal was preferred by the petitioners along with the third juvenile Parveen Kumar and the Appellate Court vide order dated 4.11.2014 dismissed the appeal with modification in the period for which the juveniles were to be sent to the Special Home. The period was reduced to two years.

(2.) Counsel for the petitioners argued that there were major contradictions in the statements of the witnesses. It was pointed out that according to the medical examination, there were no external injuries on the person of the victim, who was allegedly subjected to carnal intercourse by the petitioners and their accomplice and they were convicted for the offences punishable under Sections 365 and 377 read with Section 34 of the Indian Penal Code (IPC for short) and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) Referring to the report from the Forensic Science Laboratory, counsel for the petitioners argued that semen was detected on the underwear of the juveniles but no semen was detected on the clothes allegedly recovered from the three-wheeler, in which the offence was committed. Also on the anal swab, no semen was detected. It was contended that in view of the examination of the exhibits sent to the laboratory, there was no proof regarding the alleged offences having been committed with Sahil.