Point of Law: Merely because of non-examination of the investigating officer, when there is other evidence on record to prove the guilt, and in the absence of any prejudice shown to have been caused to the accused.

JUDGMENT :

Heard Sri R.Chandra Reddy, learned counsel for the petitioner/revisionist and Sri Soora Venkata Sainath, learned Spl.Asst.Public Prosecutor for the respondent/State.

2. This criminal revision case under Section 397 read with Section 401 of the Code of Criminal Procedure (for short “Cr.P.C”) has been filed by the petitioner/convict/Juvenile No.2 (Juvenile in conflict with law) challenging the judgment of the Sessions Judge-cum-V Additional District Judge, Tirupati, dated 18.04.2008 in Criminal Appeal No.35 of 2007, dismissing the petitioner’s appeal and confirming the judgment in C.C.No.82 of 2006, dated 19.02.2007 of the Judicial Magistrate of First Class, Juveniles, Tirupathi.

3. The Sub-Inspector of Police, Udayagiri Police Station, Nellore District filed the charge sheet against the Juveniles Nos.1 and 2, namely, Udayagiri Srikanth (J-1) and the petitioner/J-2 in Cr.No.30 of 2006 for the offences punishable under Sections 457, 380 or 411 IPC, which was taken on file by the Judicial Magistrate of First Class, Juveniles, Tirupathi on 22.11.2006.

4. The prosecution case in brief is that PW.1-Mahammad Rafi is running a wholesale shop under the name and style of Rafi Traders in Udayagiri. On 07.07.2006 at about 6.30 a.m he went to his shop in order to open and after opening the shutter of the shop he found one iron sheet of the roof of the shop was cut by some unknown offenders making a hole and as such he suspected about the theft in the shop. On verification of the things he found missing of one bundle of gold filter cigarette consisting 50 packets, 10 numbers of Raja kaini packets, 10 numbers of safari packets and 10 numbers of Tiranga packets, all worth Rs.2,310/-. Some unidentified offenders gained entry into the shop through the roof and committed theft in the shop.

5. PW.1 reported the matter to the police under Ex.P1. The Sub-Inspector of Police, Udayagiri P.S. (LW.10) registered a case in Cr.No.30 of 2006 under Sections 457 and 380 IPC and took up investigation. During the investigation, on 14.07.2006, the investigating officer secured the presence of P’Ws.2 and 3 as mediators and caught J-1 and found 25 packets of gold filter cigarettes, 5 packets of Raja Kaini, 5 packets of Tiranga in a gunny bag in his possession. On interrogation, Juvenile-1 confessed about the commission of offence along with Juvenile-2. The same was reduced to a mahazar, dated 14.07.2006, under Ex.P2. The arrest of J-1 in the presence of PW.2 was also recorded in the said mahazar. Subsequently, on 02.11.2006 J-2 was also caught by the police holding a polythene bag, from which 25 packets of gold filter cigarettes, 5 packets of Raja Kaini, 5 packets of Tiranga and 5 packets of safari were seized in the presence of mediator PW.3. J-2 confessed before the mediators about the commission of offence along with J-1 from the scene of offence. A mahazar was prepared for the arrest of J-2 and seizure of the property in the presence of PW.3 under Ex.P3.

6. On production of Juveniles Nos.1 and 2 before the court of the Judicial Magistrate of First Class, Juveniles, Tirupathi, copies of documents were furnished to them as required under Section 207 Cr.P.C. They were examined under Section 251 Cr.P.C for the offence punishable under Section 411 IPC, for which they denied and claimed to be tried.

7. The prosecution to prove its case examined PWs.1 to 3 and marked Exs.P1 to P3 and M.Os.1 to 4.

8. After completion of the prosecution evidence, the juveniles were examined under Section 313 Cr.P.C explaining the incriminating evidence against them for which they denied the allegations, but did not report for any defence evidence.

9. The Judicial Magistrate of First Class, Juveniles, Tirupathi found J-1 and J-2 guilty for the offence punishable under Section 411 IPC and convicted them for the said offence. With regard to the sentence, the learned Magistrate sent J-1 and J-2 to Special Home for Boys, Hyderabad for a period of one year under Section 15(1)(g) of Juveni