CHANDAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AND ORDER Heard learned counsel for the petitioner and learned Public Prosecutor.

(2.) Learned counsel for the petitioner submits that in the trial conducted by learned Juvenile Board, Kota for the offences under Sections 341, 323 and 302 of 34 IPC against the juvenile petitioner Chandan Kumar, no opportunity of cross-examining the prosecution witnesses was awarded. The trial stands vitiated only on this count. Counsel submits that though the presence of Amicus Curiae and guardian of the juvenile has been recorded in the judgment dated 31.3.2016, but in fact there was no effective representation by them on behalf of the petitioner. He further contends that this objection was raised before the First Appellate Court also, which has not been properly considered, therefore, he submits that the judgment passed by both the courts below is liable to be quashed and set aside.

(3.) Learned Public Prosecutor has opposed the prayer. He has stated that prosecution witnesses PW-9, 12, 13 and 14 were cross-examined by the Amicus Curiae appointed for juvenile. Juvenile was also represented by Amicus Curiae before the Juvenile Board, Kota at the time of final arguments. Hence, adequate opportunity has been provided to defend the juvenile petitioner.