Rajasthan High Court - Jodhpur
Achla Ram vs State Of Rajasthan on 11 September, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 750/2019
Achla Ram S/o Sukh Ram, Aged About 16 Years, B/c Meghwal ,
R/o Meghwal Ka Bas , Kelansar , P.s. Chakhu , Distt. Jodhpur
Through Guardian Father Sukh Ram S/o Moola Ram , B/c
Meghwal , R/o Meghwalo Ka Bas, Kelansar , P.s. Chakhu Distt.
Jodhpur. (Petitioner Has Been Released On Bail)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Oma Ram S/o Sh. Manak Ram, B/c Meghwal , R/o Lev ,
Meghwalo Ki Dhani , Indo Ka Bas, P.s. Matoda , Distt.
Jodhpur
----Respondents
For Petitioner(s) : Mr.Jagat Tatia.
For Respondent(s) : Mr.Sudhir Tak, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment 11/09/2019
1. The petitioner has preferred this criminal revision petition under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, "JJ Act") claiming the following reliefs:
"It is, therefore, most humbly and respectfully prayed that this revision petition may kindly be allowed and impugned order dated 02.05.2019 passed by learned Addl. Sessions Judge, Jodhpur District in Criminal Appeal No. 08/2019 as well as order dated 26.02.2019 passed by learned Juvenile Justice Board, Jodhpur in Criminal Inquiry No. 16/2019 may kindly be quashed and set aside and the case may kindly be ordered to be committed to the learned Juvenile Justice Board, (Downloaded on 12/09/2019 at 09:00:20 PM) (2 of 3) [CRLR-750/2019] Jodhpur for trial."
2. Brief facts of the case are that the complainant/ respondent no.2 lodged a written report before the S.H.O., P.S. Matoda, District Jodhpur alleging therein that his sister's dead body was found in the tank constructed in NREGA and blood was oozing from her gentile. After investigation, charge-sheet was filed. The Principal Magistrate, Juvenile Justice Board, Jodhpur after hearing the argument on preliminary assessment vide order dated 26.2.2019 committed the case to the Children Court Special Judge, POCSO Act Cases, Jodhpur for trial under Section 18(3) of the JJ Act. The petitioner challenged the order dated 26.2.2019 by filing an appeal which was also dismissed on 2.5.2019.
3. Counsel for the petitioner submits that the specific statement of Dr.Saroj Kumar is that the mental age of the petitioner was 15 years 6 months and the physical age was 16 years 6 months.
4. After hearing the arguments at Bar and perusing the record available on record, this Court does not find any reason to interfere in the impugned orders as the brutality of the act of the petitioner certainly indicates that the stand taken by the learned Courts below is justified. No cause for interference is made out. The judgment of Bombay High Court in Saurabh Jalinder Nangre and ors. vs. State of Maharashtra (Criminal Writ Petition No.4044/2018) decided on 10.12.2018 cited by the counsel for the petitioner does not apply to the facts of the case as that case involved offence under Section 307 IPC whereas the present case involves heinous offence under Sections 302, 376 IPC, etc. (Downloaded on 12/09/2019 at 09:00:20 PM) (3 of 3) [CRLR-750/2019]
5. In view of the above, the present revision petition, having no merits, is hereby dismissed.
6. Stay petition also stands dismissed accordingly.
(DR.PUSHPENDRA SINGH BHATI),J 152-S.Phophaliya/-
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