Punjab-Haryana High Court
Rajan vs State Of Haryana on 14 December, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:161660
CRR-1193-2020(O&M) #0# 2023:PHHC:161660
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRR-1193-2020(O&M)
Date of Decision:-14.12.2023
Rajan.
......Petitioner.
Vs.
State of Haryana.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Karan Inder Singh, Advocate for
Mr. Ajay Ghangas, Advocate for the Petitioner.
Mr. Rajiv Goel, Deputy Advocate General, Haryana.
***
JASJIT SINGH BEDI, J.(ORAL)
The instant revision petition has been preferred by the
petitioner-accused against the judgment dated 02.03.2020 passed by the
Sessions Judge, Panipat whereby the judgment of conviction dated
29.04.2019 and order of sentence dated 30.04.2019 passed by the Principal
Magistrate and Members, Juvenile Justice Board, Panipat has been upheld.
2. The brief facts of the case are that FIR No.680 dated 31.10.2018
under Sections 380, 457 and 511 IPC P.S. Quilla, Panipat came to be
registered at the instance of the complainant Sakil PW-3 with the allegations
that he and his brother Vakil PW-4 had caught two boys namely Mehtab
son of Ehsaan and Rajan (petitioner) son of Sanjay while they were
attempting to commit theft in their (complainant party's) shop.
3. After the investigation was concluded the report under Section
173(2) Cr.PC was submitted and on conclusion of the trial the Court of
Principal Magistrate and Members, Juvenile Justice Board, Panipat
sentenced the petitioner and his co-convict Mehtab as under:-
"5. After having heard the learned APP for the State and learned
defence counsels on the point as to what order can be passed against them
under Section 18(1) of Juvenile Justice (Care & Protection of Children)
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Act, 2015, this Board is of the considered opinion that the ends of justice
would be met, if the children-in-conflict with law Mehtab and Rajan are
hereby directed to do community service in the General Hospital, Panipat
for a period of six months starting from 6th of May, 2019 till 5th
November, 2019 except Sunday from 9:00 A.M till 4:00 P.M. and also to
get training for serving the patients therein under the guidance of an able
trained person specified by CMO and are placed under supervision of
Probation Officer, Panipat for a period of One year. Accordingly,
children-in-conflict with law Mehtab and Rajan shall carry out the
community service and shall take training in General Hospital, Panipat.
Accordingly, children-in-conflict with law Mehtab and Rajan are ordered
to report to the Chief Medical Officer, Panipat in Civil Hospital on 6th of
May, 2019 for doing the community service i.e. to serve the
humanity/elderly persons in the hospital and to take training qua caring of
patients w.e.f. 6th of May, 2019 till 5th November, 2019 (except Sunday
from 09.00 A.M. to 04.00 P.M. The Chief Medical Officer, Panipat is
directed to mark their attendance regularly and to submit the report
regarding the performance of community service by children-in-conflict
with law Mehtab and Rajan, properly on fortnightly basis to this Board. A
separate letter be sent to CMO, General hospital, Panipat regarding this.
Letter be also sent to Probation Officer, Panipat to report qua act and
conduct of Mehtab and Rajan during the supervision period, on monthly
basis till April, 2020. It is also made clear to children-in-conflict with law
that if there shall be any complaint against them during the period of six
months of community service from the CMO or during the period of
probation of One year from the Probation Officer, then they shall be
further dealt with in accordance with the Juvenile Justice (Care and
Protection) of Children Act, 2015.
6. The Programme Officer, ICDS, Panipat is directed to arrange
individual counselling of the children-in-conflict with law Mehtab and
Rajan. Letter in this regard be also issued to the quarter concerned.
7. It is further ordered that children-in-conflict with law Mehtab and
Rajan shall not suffer any disqualification on account of the inquiry faced
by them under the provisions of this act and the relevant record of the
present inquiry shall be removed after the expiry of period of appeal or
revision as per rules and after the expiry of period of community service/
probation after receipt of the report of the C.M.O, Panipat and from the
Probation Officer. File be consigned to record-room after due
compliance."
4. The petitioner preferred an appeal before the Court of Sessions
Judge, Panipat which also came to be dismissed vide judgment dated
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02.03.2020 and para 18 of the judgment reads as under:-
"18. As a sequal to the above discussion, appeal fails and is hereby
dismissed. The bail bond and surety bond of the appellant Rajan area
cancelled. He be taken into protective custody and be sent to Special
Home, Sonepat accordingly, as was directed by learned Principle
Magistrate, Juvenile Justice Board, Panipat vide impugned order dated
20.09.2019. The record of learned Juvenile Justice Board, Panipat be
sent back alongwith a copy of this judgment. Compliance of provisions of
Section 353(1) Cr.PC has been made. After due compliance, appeal file
be consigned to the record room."
5. The present revision petition has been preferred against the
aforementioned judgments of conviction.
6. The Counsel for the petitioner contends that the courts below
have not given any cogent and convincing finding while convicting the
petitioner. The evidence on record has been misread and the prosecution
has failed to prove the offences against the petitioner. There were material
contradictions and improvements in the statements of the prosecution
witnesses which had not been considered in their proper perspective. The
complainant PW-3 and his brother PW-4 Vakil Khan were brothers and
therefore interested witnesses. Their depositions could not be accepted to be
the gospel truth in the absence of any corroborative evidence. There was an
inordinate delay in the registration of the FIR which was fatal to the case of
the prosecution. He therefore contends that the judgments of conviction
were liable to be set aside and the petitioner ought to be acquitted of the
charges framed against him.
7. The Counsel for the State on the other hand contends that the
charges against the petitioner and his co-convict stands established beyond
reasonable doubt. PW-3 & PW-4 who were brothers had caught the accused
red handed while they were attempting to commit theft in their shop. The
other evidence on record was also in consonance with the depositions of
PW-3 and PW-4. The delay of few hours in the registration of the FIR could
not be said to be fatal to the prosecution case. In fact, absolutely no reason
whatsoever has been provided for the false implication of the petitioner. He,
therefore, contends that there was no merit in the present petition and the
same was liable to be dismissed.
8. I have heard learned Counsel for the parties.
9. As per the prosecution case the petitioner and his co-convict
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came to be apprehended while they were attempting to commit theft at the
shop of PW-4 Vakil, the brother of the complainant PW-3 Shakil. Despite
cross examination their testimonies could not be shattered. The other
prosecution witnesses have also corroborated each other in material
particulars and there is no significant discrepancy in their depositions that
has been pointed out by the defence. The delay of a few hours in the
registration of the FIR cannot be said to be fatal to the case of the
prosecution. Further, no reason whatsoever has been provided for the false
implication of the petitioner and his co-convict.
10. In view of the above, I find no reason to interfere with the well
reasoned judgment of conviction recorded by the Principal Magistrate and
Members, Juvenile Justice Board which has been upheld by Sessions Judge,
Panipat. Resultantly, the revision petition stands dismissed.
( JASJIT SINGH BEDI )
JUDGE
December 14, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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