RAKESH KUMAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition against the order dt. 17.09.2013 passed by the learned Sessions Judge, Churu in Criminal Appeal No. 81/2013 (Rakesh Kumar Vs. State of Rajasthan) confirming the order dt. 13.09.2013 passed by the learned Principle Magistrate, Juvenile Justice Board, Churu in relation to FIR No. 48/2013, PS Mahila Thana, Churu under Secs. 304B, 498A and 406 IPC. According to the prosecution case, on 19.06.2013, Balram presented himself before the P.S. Mahila Thana, Churu and submitted a written report alleging therein that his elder daughter Mohani has got married with one Mukesh and his other daughter Meera has got married with Rakesh. Soon after marriage, they were tortured. On 18.06.2013 at about 2 -3 O'clock his daughter Meera called him on telephone and asked to meet her. Thereafter, he talked with Srichand. On 19.06.2013, Srichand phoned him and asked him to come to Khinvsar and on asking he told that his daughter Meera is not well, on which his son, cousin brother and brother -in -law went to Khinvsar where they came to know that Meera suffered heart -attack due to which she died.

(2.) ON this report, FIR No. 48/2013 under Secs. 304B, 498A and 406 IPC was registered at Mahila Thana, Churu and the petitioner was arrested and produced before the Juvenile Justice Board, wherefrom he was sent to the Observation Home, Churu. The grand mother of delinquent preferred an application under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for releasing him on bail but the same has been dismissed vide order dt. 13.09.2013.

(3.) THE learned counsel for the petitioner submitted that the petitioner is a juvenile and gravity of offence cannot be considered against the juvenile. He further submitted that the petitioner is of 17 years 11 months of age and there is no ground to convict him for the said offences. Hence, he may be enlarged on bail.