Appellant feeling aggrieved by judgment of first appellate

Court on the file of I Additional District and Sessions Judge,

U.K.Karwar, sitting at Sirsi, in criminal appeal No.5006/2019

dated 15.02.2020, preferred this appeal.

2.

Parties to the revision petition are referred with

their ranks assigned in the J. J. Board for the sake of

convenience.

3.

The

factual

matrix

leading

to

the

case

of

prosecution can be stated in nutshell to the effect that on

26.05.2016 at about 12.00 p.m, CCWL had picked up quarrel

with Aryan Digamber Kharit while playing cricket game and

wrongfully restrained him from proceeding further. It is further

alleged that CCWL abused Aryan in filthy language, when C.W.7

questioned about the same, the CCWL assaulted on his back

side of the head with cricket bat, thereby caused grievous hurt

and further administered threat to take away his life. On these

allegations made in the complaint, the investigating officer filed

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charge sheet before Juvenile justice board, Uttara kannada,

karwar.

4.

In response to summons, CCWL appeared before

J.J.Board. Juvenile justice Board after being prima facie

satisfied framed charge for the offences alleged against CCWL,

who pleaded not guilty claimed to be tried. Prosecution to prove

the allegations made against CCWL relied on the evidence of

P.WS.1 to 7 and the documents Exs.P.1 to 6, so also got

identified the M.O.No.1.

5.

On closure of the prosecution evidence, the

statement of CCWL under Section 313 Cr.P.C came to be

recorded. CCWL denied all the incriminating material evidence

appearing against him and claimed that false case is filed. The

J. J. Board after appreciating the evidence on record, convicted

the CCWL for the offence punishable under Sections 504 and

326 of IPC.

6.

Guardian of CCWL filed the appeal before the first

appellate Court on the file of I Additional District and Sessions

Judge,

U.K.Karwar

sitting

at

Sirsi,

in

Criminal

Appeal

No.5006/2019. The first appellate Court after re-appreciation of

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evidence on record dismissed the appeal and confirmed the

judgment of J. J. Board.

7.

In view of CCWL having attained the age of

majority, filed the present appeal challenging concurrent

findings of both the Courts contending that there are no any

sufficient material evidence to prove the offences under

Sections 326 and 504 of IPC. The evidence of P.W.6-Dr-Vijay

Kocharagi and injured-P.W5 with that of complaint-Ex.P.1 runs

contrary to each other person and same cannot be relied to

prove the charges leveled against accused. The J. J. Board has

erred in ordering revision petitioner to special home for one

year which is against Juvenile justice (care and protection of

children) Act 2015 (herein after referred as "J.J.Act"). The act

mandates that the CCWL has to be left with admonition and

should have given to the custody of parents. The purport of the

Act has not been properly appreciated by both the Courts below

in sending CCWL to special home for one year. Therefore,

prayed for allowing the revision petition and to set-aside the

judgment of Courts below. Consequently, to acquit the CCWL

from the charges leveled against him.

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8.

In response to the notice, HCGP appeared for

respondent.

9.

Heard the arguments of both sides.

10. On perusal of the complaint allegations-Ex.P.1, it

would go to show that on 26.05.2016, the son of his junior

uncle Rahul and Aryan-P.W.4 along with other boys were

playing cricket and complainant was watching the play of

cricket. There was some altercation between CCWL and Rahul

while playing cricket and CCWL abused Aryan-P.W.4 in filthy

language on mother. When same was questioned by P.W.5-

Rahul, CCWL by means of cricket bat has assaulted on the back

of his head. Due to which he sustained injury and further

administered threat to take away his life. The prosecution to

prove the said allegations relied on the oral evidence of P.Ws.1,

3 to 5 and the said evidence is sought to be corroborated by

the evidence of P.W.6-doc