KAILASH SINGH Vs. RAMVEER SINGH

JUDGEMENT

(1.) THIS criminal revision petition by the complainant petitioner is directed against the order dated 2-11-2006 passed by Additional District and Sessions Judge (Fast Track) No. 2, Bharatpur whereby the accused respondent No. 1 Ramveer Singh has been held to be juvenile in conflict, with law.

(2.) THE relevant facts giving rise to this revision petition in brief are that Additional district and Sessions Judge (Fast Track) No. 3 by order dated 16-4-2003 held the respondent No. 1 as juvenile and directed the Station House Officer, Police Station Sewar to file a separate charge sheet against him for offences under Sections 306, 376, 457, I. P. C. in FIR No. 288/2002 Police Station Sewar and directed the respondent No. 1 also to appear before the Juvenile Board, Bharatpur on 8-5-2003. The present petitioner challenged this order by filing a revision petition before this Court. Learned Single Judge of this Court by order dated 22-8-2006 allowed the revision petition, set aside the order dated 16-4-2003 passed by Additional district and Sessions Judge (Fast Track) No. 3, Bharatpur and remitted the case to the aforesaid Court with the direction to conduct proper and due inquiry as per the provisions of Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 keeping in view the provisions of Rule 22 (5)of the Rajasthan Juvenile Justice (Care and protection of Children) Rules, 2002 and directed the inquiry to be conducted within a period of one month. It seems that the case thereafter was transferred from the Court of Additional District and Sessions Judge (Fast track) No. 3 to the Court of Additional District and Sessions Judge (Fast Track) No. 2. Additional District and Sessions Judge (Fast track) No. 2 held the inquiry as per the directions of this Court and recorded the statements of Rajendra Singh Head Master, Government upper Primary School, Moondota {cw 1), Kunwar Singh, father of the respondent No. 1 (CW. 2), dr. Baney Singh (CW. 3)and the present petitioner Kailash Singh (CW. 4), and after hearing the parties held the respondent No. 1 Ramveer Singh juvenile in conflict with law. Aggrieved by this order, the petitioner has filed this revision petition.

(3.) I have heard learned counsel for the petitioner, learned counsel for the respondent No. 1 and learned Public Prosecutor and perused the material and evidence on record.