X Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015' hereinafter) is directed against the order dtd. 25/8/2021 passed by the Children Court (Sessions Judge) Sri Ganganagar (for short 'the trial court' hereinafter) in Criminal Misc. Case No.583/2021, whereby the application under sec. 12 of the Act of 2015 was dismissed by the trial court.

(2.) Learned counsel for the appellant has submitted that the juvenile appellant was arrested by the police on 19/1/2018 and he was put to trial as adult by the Juvenile Justice Board vide order dtd. 18/5/2018. It is submitted that charges have been framed against the appellant on 18/12/2020, however, thereafter none of the single prosecution witness has been examined before the trial court, where the appellant is facing trial. Learned counsel for the appellant has also submitted that from the statements of the injured eye witness Krishna Lal, it is clear that no specific role has been attributed to the appellant and omnibus allegations have been levelled against all the accused persons. It is further submitted that as per Sec. 21 of the Act of 2015, the appellant cannot be awarded death sentence or life imprisonment. It is also submitted that the appellant is in custody since last more than four years and there is no possibility that the trial against him is completed in near future. Learned counsel for the appellant has submitted that there is no criminal history of the appellant and there is all possibility that if the appellant placed in custody for long period, it may affect his future.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor and perused the material available on record.