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2010 Supreme(P&H) 941

SATISH KUMAR MITTAL, M.JEYAPAUL
State of Punjab – Appellant
Versus
Rajesh alias Tilak Ram – Respondent


Advocates Appeared:
For the Applicant/State of Punjab :Mr. H.S. Brar, Additional Advocate General.

JUDGMENT

M. Jeyapaul, J. - This is an application filed by the State of Punjab under Section 378(3) of the Code of Criminal Procedure praying for leave to file an appeal against the judgment of acquittal recorded as against the juvenile Rajesh Kumar alias Tilak Ram by the Principal Magistrate, Juvenile Justice Board, Jalandhar.

2. At the out set we may observe that no appeal shall lie from any order of acquittal made by the Board in respect of a Juvenile alleged to have committed an offence as per Section 52(2) of the Juvenile Justice (Care and Protection of Children) Act, 2000. Of course under Section 53 of the said Act suo-moto revision or a revision based on the application received in that behalf can be entertained by the High Court to satisfy itself as to the legality or propriety of any such order passed by the Juvenile Justice Board. Therefore treating the appeal sought to be preferred as revision, let us test whether any case has been made out by the State for admitting a revision as against the order of acquittal recorded by the trial Court against the juvenile.

3. It is the case of the prosecution that on 27.2.2003 the Police received secret information that Artinder Singh







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