JONCARLO PATTON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant revision petition has been preferred by the juvenile Joncarlo Patton through his natural guardian-father Dr. George Richard Patton, challenging the judgment dated 15.10.2011 passed by the learned Sessions Judge, Jodhpur Metropolitan in Criminal Appeal No. 287/2011 whereby the learned Sessions Judge has affirmed the judgment dated 2.5.2011 passed by the Principal Magistrate, Juvenile Justice Board, Jodhpur Metropolitan in Case No. 91/2010 arising out of F.I.R. No. 170/2010, P.S. Osian, for the offences under Sections 302 and 201 Indian Penal Code, convicting the petitioner juvenile under the provisions of Sections 15(1)(6) and 16(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (referred to herein after as the Act of 2000') and directing him to be kept in a Special Juvenile Remand Home for a period of three years.

(3.) Succinctly stated the facts necessary for the disposal of the instant revision petition are that one Terrance Aarbulnot, claiming himself to be the Manager of a resort named Reggis Camel Camp, filed a report with the S.H.O., P.S. Osian on 13.8.2010 alleging inter alia that he was the manager of the aforesaid resort. On 11.8.2010, a lady Smt. Cynthia Inaraly along with her son Joncarlo Patton who both were foreign tourists checked into his resort at about 1:30 PM. Both of them went for the camel safari on 12.8.2010 at about 9:00 AM and returned back and then visited the Osian temple at about 4:30 PM and returned to the resort at about 6:30 PM. In the night at about 10 O'clock, they retired into their tent after taking dinner. The informant went to the tent at about 8:45 AM on 13.8.2010 for enquiring about breakfast but did not receive any reply. He saw blood stains on the zip of the tent on which he intimated the owner of the resort - Shri Rajendra Singh. On further search, he saw that tracks of a body being dragged were seen on the soil and on following the said tracks, the body of Cynthia wrapped in a white bed sheet was seen concealed in the sand dunes. The footprints of a person to and fro from the resort to the place where the body was concealed, were also seen. It was alleged in the F.I.R. that the lady had been done away by her son and thereafter the body was dumped in the sand dunes for concealing the evidence of the crime.