2025:BHC-NAG:4891 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION NO.264 OF 2023 Ketan Sharad Badule, aged about 22 years, r/o Deshbandhu Ward, Prabhu Road, Gondia. ….. Applicant.

:: V E R S U S ::

State of Maharashtra, through Police Station Officer, Police Station Gondia City, Gondia. ….. Non-applicant.

Shri S.V.Purohit, Counsel for the Applicant.

Mrs.Ritu Sharma, Additional Public Prosecutor for the Non-applicant/State.

Shri Atharva Manohar, Counsel to Assist the Prosecution.

CORAM : URMILA JOSHI-PHALKE, J.

CLOSED ON : 23/04/2025 PRONOUNCED ON : 07/05/2025 JUDGMENT

1. Heard learned counsel Shri S.V.Purohit for the applicant; learned Additional Public Prosecutor Mrs.Ritu Sharma for the State, and learned counsel Shri Atharva Manohar assisting the prosecution.

2. Rule. Heard finally by consent of learned counsel appearing for the parties.

3. In this revision application, challenge is to judgment and order in Criminal Appeal No.17/2021 and common order below Exhs.1, 40, and 42 passed in Sessions Trial No.27/2020 on 6.11.2023 by learned District Judge-1 and Additional Sessions Judge, Gondia whereby the appeal and applications Exhs.40 and 42 are partly allowed by setting aside order dated 9.1.2020 passed by learned Principal Magistrate, Juvenile Justice Board, Gondia (JJB) to conduct a fresh preliminary assessment of the applicant by taking into consideration relevant reports and giving an opportunity to the Child to Conflict in Law (CCL) of cross examination.

4. Facts relevant for disposal of this revision application can be summarized, as follows:

On 9.11.2019, one Rehan Mahendi Valiyani lodged a report that he along with Pratham @ Kanha Shyamsundar Sharma (the deceased), Girish Nanwani, and Mayank Kundani had been to Game Parlour of Lalence Gupta at Manohar Chowk, Gondia. The applicant CCL with other CCLs came there on a motorcycle and called the deceased outside the Game Parlour and raised quarrel with him. The deceased was assaulted by both of them by fists and kicks blows. Thereafter the CCLs took out knives from their waists and gave repeated blows on the person of the deceased. When owner Lalence Gupta of the Game Parlour made an attempt to intervene, he was also assaulted. The deceased was chased inside the Game Parlour by both CCLs and was assaulted brutally which resulted into his death and both CCLs fled away from the spot of the incident. After registration of the crime, the investigating officer completed investigation and filed chargesheet against both CCLs. During the investigation, it revealed that CCLs have purchased 6 knives from FlipKart. Out of 6 knives, 4 knives were delivered to the CCLs and 2 knives were pending to be delivered with the “Blue Dart Courier Services”. In all, 22 injuries were found on the person of the deceased. The CCTV Footage is also obtained. The CCL was kept in Observation Home.

Subsequently, he was released on bail.

5. After filing of the chargesheet, in view of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (the Juvenile Justice Act), vide order dated 20.12.2019, below Exh.1, in Juvenile Case No.569/2019, preliminary assessment was directed of the CCL. The Councilor and Social Worker submitted Report that the CCL studying in 12th Std. is having remorse about his act and he is cooperative with the other children. The Report of the Psychiatrist is also obtained from which it revealed that there is no evidence of any psychopathology in the patient and he understands nature and possible consequences of the alleged offence and circumstances under which the offence is committed.

6. After receipt of both the Reports, the JJB passed order below Exh.1 that involvement of the CCLs is in heinous offence. Birth date of another CCL is 8.10.2002, the present CCL was born on 20.4.2002, CCL No.3 was born on 22.8.2002, and CCL No.4 was born on 14.3.2002. Thus, all CCLs are above 17 years of age when the incident occurred. In all, 22 st