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2018 DIGILAW 926 (RAJ)

Chandan Kumar v. State of Rajasthan

2018-04-05

DEEPAK MAHESHWARI

body2018
JUDGMENT 1. 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 & 302/34 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 & 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. 5. In view of rival arguments, I have perused the record of the case as well as the judgments impugned dated 31.3.2016 and 21.12.2017 passed by Juvenile Board, Kota as also by learned Sessions Judge, Kota. On perusal of the record of the Juvenile Board, Kota it transpires that only PW-9 Devendra Singh, PW-12 Mohan Singh & PW-14 Vikas Sharma have been cross-examined on behalf of the juvenile. A single line cross-examination has been conducted by PW-13 P.K. Tiwari also. But other material and important witnesses, who were the eye witnesses of the alleged offence, have not been cross-examined on behalf of the juvenile- petitioner. Certainly, no proper opportunity of cross-examination of important material witnesses was provided. It is a strong ground to vitiate the proceedings of trial. In the interest of justice, Amicus Curiae ought to have been appointed to defend the juvenile. Though, presence of the guardian and Amicus Curiae of the juvenile has been marked in the judgment dated 31.3.2016, but on perusal of the judgment, it appears that no arguments were submitted by them to put forth the case on behalf of the juvenile. 6. Though, presence of the guardian and Amicus Curiae of the juvenile has been marked in the judgment dated 31.3.2016, but on perusal of the judgment, it appears that no arguments were submitted by them to put forth the case on behalf of the juvenile. 6. On perusal of the judgment impugned dated 21.12.2017 passed by learned Sessions Judge, Kota, it is found that the plea raised on behalf of the juvenile-appellant that Amicus Curiae was not made available by the Juvenile Board has not been paid any heed. The appellate Court has simply observed that no cross-examination was done from the prosecution witnesses on behalf of the appellant. It appears that the Appellate Court has also failed to critically examine the lacuna left in the proceeding of the Juvenile Board, Kota and has ignored to take not of this fact. 7. In view of the above, this Court is of the firm opinion that the proceedings conducted by learned Juvenile Board, Kota in regard to the Criminal Regular Case No.32/2013 for the offences under Sections 341, 323 & 302/34 IPC qua the juvenile petitioner stands vitiated and accordingly the judgment passed by learned Juvenile Board, Kota on 31.3.2016 and learned Sessions Judge, Kota on 21.12.2017 are quashed and set aside. The matter is remanded back to the Juvenile Board, Kota to conduct the trial of the case afresh while affording proper opportunity to the juvenile- petitioner for cross-examining the prosecution witnesses and to conclude the trial in view of the observations made by this Court as stated above. The juvenile-petitioner shall remain present before the Juvenile Board, Kota on 1.5.2018. The record of the Juvenile Board, Kota be sent back forthwith.