STATE OF HIMACHAL PRADESH Vs. AMIT SHARMA

JUDGEMENT

(1.) Instant criminal revision petition filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act , 2015, lays challenge to order dated 21.8.2018, passed by the learned Sessions Judge, Hamirpur, District Hamirpur, H.P., in Criminal Revision No. 15 of 2015, whereby the revision petition under Section 397 Cr.PC, having been filed by the petitioner (respondent herein ) came to be dismissed being not maintainable.

(2.) Briefly stated facts, as emerge from the record are that on 2.1.2012, at about 5:15 pm, complainant Desh Raj telephonically informed the police station, Nadaun, that his daughter had gone to purchase certain articles, but subsequently, was found dead on the way. On the basis of aforesaid complaint, police after entering the rapat in Rojnamacha went to the spot and recorded the statement of complainant under Section 154 Cr.PC. Complainant alleged that on 2.1.2012, his daughter expressed her desire to eat Whether reporters of the Local papers are allowed to see the judgment? Halwa and as such, he gave her Rs.100/- for purchase of articles i.e. 250 grams ghee, one biscuit packet from the shop, but when she did not return for a considerable time, wife of the complainant went for search, but minor daughter could not be traced. Complainant alleged that in the meantime, he heard the cries of the daughter from the path behind his house and he after reaching the spot found his daughter Shweta drenched with blood. Healleged that one bamboo stick of three feet was lying by the side of the dead body of his daughter Shweta. On the basis of aforesaid complaint, FIR No. 3 of 2012 dated 2.1.2012, under Section 302 IPC came to be registered.

(3.) During investigation of the case, police found the respondent- accused (hereinafter referred to as the "Juvenile in conflict") to be involved in the case and allegedly, on his disclosure statement, recovered his pant having blood stains from his house. After completion of investigation, police presented the challan in the court of learned Principal Magistrate, Juvenile Justice Board, Hamirpur, District Hamirpur, H.P., who on the basis of evidence led on record by the respective parties acquitted the Juvenile in conflict vide judgment dated 3.2.2015.