Dinesh Kumar Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 5411 MP

1                                     Cr.A.No. 3907/2021

          HIGH COURT OF MADHYA PRADESH
                    BENCH AT GWALIOR
                        SINGLE BENCH
                 JUSTICE ANAND PATHAK


               Criminal Appeal No.3907 OF 2021
                      Dinesh Kumar Jatav
                             Versus
                      State of M.P. & Anr.


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Shri Arun Pateriya, for appellant/complainant.
Shri G.P.Chaurasiya, learned PP for respondent No. 1/ State.
Shri Prashant Sharma, learned counsel for respondent No.
2/accused.
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                         JUDGMENT

(Delivered on this 14th day of September, 2021)

The present criminal appeal has been preferred by the

appellant under Section 14-A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 taking

exception to order dated 22/7/2020 (Annexure P/1) passed by

Special Judge (Atrocities) Morena in Criminal Case No. 210/2020;

whereby, the application of child in conflict with law i.e.

respondent No. 2 herein, has been allowed and he has been

declared as juvenile and matter has been remanded back to the

Juvenile Justice Board, Morena for further proceedings.

2. Two grounds are being raised by learned counsel for the

appellant/complainant in the present case. One is that before

passing the order impugned, Court below has not complied the

provisions of Section 15-A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity

"Atrocities Act"); whereby, opportunity of hearing to the

complainant ought to have been given as he is member of

Scheduled Caste category and rights of victims include

opportunity of hearing.

3. Another grounds so raised by the appellant is regarding the

authenticity of alleged documents. As according to him, mark-

sheet of class VIII produced by mother of child in conflict with

law is not proper and Court below erred in relying upon the said

fabricated mark-sheet.

4. Learned counsel for the respondents opposed the prayer on

the ground that after detailed enquiry and cross-examination by

Public Prosecutor,the said order has been passed and therefore,

detailed cross-examination has been held and it cannot be

concluded that order has been passed in a slipshod manner.

According to them, cause of complainant was represented through

Public Prosecutor.

5. Heard.

6. This is a case where, complainant is member of Scheduled

Castes category and therefore, offence is covered under the

provisions of Atrocities Act. Section 15-A of the Atrocities Act

contemplates the rights of victims and witnesses and Section 15-

A(3) and (5) contemplate notice of any Court proceedings under

this Act and therefore, determination of age of child in conflict

with law is an important proceeding, wherein, victim ought to

have been called. Beside that, it is in the interest of justice that

doubts raised by the appellant be clarified in the proceedings;

wherein, complainant may also be given an opportunity to place

documents and cross-examine the witnesses.

7. Cumulatively, in the considered opinion of this Court, trial

Court erred in passing the impugned order and treating the child in

conflict with law as juvenile and remanding the matter to Juvenile

Justice Board. The said aspect still to be decided by the trial Court

after giving opportunity of hearing to the appellant/complainant in

accordance with law. Accordingly, impugned order is hereby set

aside and matter is remanded back to the Court below for fresh

adjudication in which appellant as complainant shall also be given

opportunity to appear and contest the case as per law.

8. Appeal stands allowed and disposed of in above terms.

(Anand Pathak) Judge

jps/-

Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA

JAI PRAKASH PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

SOLANKI Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179c ec865c7633f4cfb9e38ce14fcbb05b9522a, cn=JAI PRAKASH SOLANKI Date: 2021.09.14 19:39:17 +05'30'