MEGH RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the Act' hereinafter), on behalf of the petitioner, the order dated 10.1.2006 passed by the Sessions Judge, Udaipur (for short, "the Appellate Court" hereafter) in Criminal Appeal No. 7/2006 has been challenged, whereby the Appellate Court dismissed the appeal filed on behalf of the petitioner and affirmed the order dated 6.1.2006 passed by the Principal Magistrate, Juvenile Justice Board, Udaipur (for short, "the Juvenile Justice Board" hereinafter) passed in Criminal Case No. 38/2005

(2.) The facts of the case, relevant and necessary for decision of this revision petition are that complainant T.N. Narayanan lodged an FIR on 2.12.2005 with Police Station, Hiranmagri, Udaipur to the effect that when he came at home at 1.15 PM and called the bell, his wife did not respond. He opened the door and when entered the house, he saw the goods scattered in the bed-room and his wife was found lying in an unconscious state having her hands and legs tied with cloth. He informed his neighbourer Mathur and called the doctor on telephone. Dr. Goyal came and checked his wife. The police was informed telephonically. The Police came and his wife was taken to the hospital where the doctors declared her dead. After investigation, the police detained the petitioner and produced him before the Court. An application Under Sec. 12 of the act was filed on behalf of the petitioner for releasing him on bail on the ground that the petitioner is a minor of 14 years and his name does not find mention in the FIR. The Juvenile Justice Board, vide order dated 14.12.2005 dismissed the bail application on the ground that though the Probation Officer has reported that it is petitioner's first offence, there is no information regarding his criminal antecedents and his conduct and behaviour are good but looking to the fact that the petitioner has left the study, his father is collecting cowdung and doing labour work, mother does domestic works of cleaning the house and utensils etc. and his sister is also not going to school, the chances of petitioner's coming in the contact of known criminals cannot be ruled out.

(3.) Aggrieved by the order of the Juvenile Justice Board, an appeal was filed which has been dismissed by the Appellate Court vide impugned order. Hence, this revision.