ANIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Sec. 397/401 Crimial P.C. r/w Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short the, Act of 2000") is directed against the order dated 24.2.2006 passed by the learned Sessions Judge, Kota in Criminal Appeal No. 29/2006 dismissing his appeal against the order passed by the learned Principal Magistrate, Juvenile Justice Board Kota in Cr. Case No. 129/2005 arising out of F.I.R. No. 394/2004 RS. Mahaveer Nagar, Kota for offences under Sections 302, 324, 323 r/w. section 34 and 341 I.PC.

(2.) The brief and relevant facts of the case are that a written report was lodged by complainant Raju at RS. Mahaveer Nagar, Kota on 7.10.2004 regarding an incident which took place on the same day. On the basis of the report, F.I.R. bearing No. 394/2004 was registered. Petitioner was arrested on 14.2.2005. After investigation, police submitted charge-sheet against the petitioner for offences under Sections 302, 341, 323 and 34 I.PC. in the Court of Juvenile Justice Board Kota. Bail Application on behalf of the petitioner was moved but the learned Principal Magistrate, Juvenile Justice Board Kota rejected the same vide order dated 18.2.2006. The appeal preferred against the said order was also dismissed by the learned Sessions Judge, Kota vide order dated 24.2.2006. Hence, this revision petition.

(3.) It is inter-alia contended that in the separate trial held against accused persons, they have been acquitted vide judgment dated 28.2.2006. The petitioner is a juvenile. From the evidence recorded in the separate trial, nothing incriminating has come on record so as to show even prima-facie involvement of the petitioner in the alleged offences. It is further contended that even the name of the petitioner does not find place in the First Information Report.