Court No. - 11
Case :- CRIMINAL REVISION No. - 4136 of 2018 Revisionist :- Ankit Urf Saurabh Urf Sarvesh (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Om Prakash Singh,Madhu Sudan Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The instant criminal revision has been filed with the prayer to quash / set aside the order dated 4.9.2018 passed by the Additional District and Sessions Judge, Court No.7, Rama Bai Nagar in criminal appeal no. 14 of 2018 arising out of case crime no. 723 of 2017 under Sections 376 IPC and 4/4 POCSO Act, P.S. Ghatampur, District Kanpur Nagar.
Heard learned counsel for the revisionist and the learned AGA appearing for State.
It is submitted by the learned counsel for the revisionist that the order passed by the Juvenile Justice Board was in accordance with law. Revisionist produced documentary evidence in the form of matriculation certification before the Board. The findings recorded by the lower appellate Court are illegal and perverse.
On the other hand, learned AGA submits that the lower appellate Court after considering the entire evidence and the settled legal position has rightly allowed the appeal setting aside the order passed by the Juvenile Justice Board. There is no infirmity or illegality in the said order warranting interference by this Court. It is next contended that the revisionist has opportunity to place facts and evidence before the Juvenile Justice Board again.
It appears that initially in this matter revisionist was declared juvenile in conflict with law by the Juvenile Justice Board, which was challenged in appeal before Sessions Judge concerned. Appeal was allowed and the order passed by the Juvenile Justice Board was set-aside directing the Board to pass fresh order.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and also the fact that the revisionist has opportunity to place his case before the Juvenile Justice Board again, in my view, there is no infirmity or illegality in the impugned order. The revision lacks merits and is liable to be dismissed.
The revision is accordingly dismissed.
Order Date :- 29.11.2018 safi