S.L. Warkare vs State of Chhattisgarh and Another

I.M. Quddusi, J.—By way of this acquittal appeal filed u/s 372 of the Cr.PC, the appellant-complainant has challenged the judgment of acquittal dated 14-5-2008 passed by the learned Principal Magistrate, Juvenile Justice Board, Jagdalpur, District Bastar (CG) (for short ''the Board'') in Criminal Case No. 97/06, acquitting the respondent No. 2 herein, a juvenile, from the charges under Sections 392 and 302 of the Indian Penal Code. Case of the prosecution, in short, is that the respondent No. 2 has been charge-sheeted before the Board for having committed offence under Sections 392 and 302 of the IPC. It was alleged that on 24-5-2006 the respondent No. 2 and co-accused/Pankaj Mishra had left for Jagdalpur alongwith the deceased Atul Kumar on his motorcycle bearing registration number CG18-ZE-1681. On the way, they got the motorcycle stopped on the pretext of cigarette smoking and thereafter they committed murder of the deceased by assaulting him from banda on his head & neck. They kept the motorcycle of the deceased in the house of Bunty for sale. The Board after considering the evidence available on record acquitted the respondent No. 2 from the offence under Sections 392 and 302 of the IPC against which the complainant has preferred this acquittal appeal.

We have heard learned Counsel for the parties and perused the records.

Before entering into the merits of the case, we shall proceed to consider the question regarding maintainability of an acquittal appeal against the order of acquittal made by the Board in respect of a juvenile alleged to have committed an offence.

Section 4(2) of the Code of Criminal Procedure, 1973 provides that:-

(2) All offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Section 52(2)(a) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ''Juvenile Act'') provides that:-

(2) No appeal shall lie from-

(a) any order of acquittal made by the Board in respect of a juvenile alleged to have committed an offence; or

A bare reading of above provision makes it clear that no appeal shall lie from any order of acquittal made by the Board in respect of a juvenile and therefore, an acquittal appeal under proviso to Section 372 of the Cr.PC against the order of acquittal passed by the Board in respect of a juvenile alleged to have committed an offence would not be maintainable.

Accordingly, the instant acquittal appeal by the appellant/complainant is dismissed as not maintainable. The Registry shall follow the above order while making reporting regarding maintainability of an appeal against any order of acquittal made by the Board in respect of a juvenile.