NIRAMALA W/O. SURYBHAN CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision takes an exception to the judgment and order dtd. 8/11/2021 passed by Additional Sessions Judge, Ahmednagar in Criminal Appeal No. 196 of 2018 allowing the same by setting aside the judgment and order dtd. 10/8/2018 passed by the Juvenile Justice Board, Ahmednagar in Juvenile Case No. 70 of 2013 convicting the accused for commission of offence punishable under Sec. 279, 337 and 338 of Indian Penal Code (IPC) and under Sec. 184, 3(1) read with Sec. 181 of Motor Vehicles Act, 1988.

(2.) Present revisionist is an injured victim, who allegedly suffered accident on 13/1/2013 on account of dash given by juvenile/child in conflict with law (CCL) aged 16, who was allegedly riding Hero Honda motorcycle bearing No. MH-16-AL-1006. On receipt of report to the above extent, crime was registered at Kotwali Police Station bearing No.16 of 2013 for above offences and being a juvenile, the rider of the motorcycle was charge sheeted and tried vide Juvenile Case No.70 of 2013 and ultimately came to be convicted for above offences. Feeling aggrieved by the same, the juvenile/CCL filed criminal appeal before the District and Sessions Court, Ahmednagar vide Criminal Appeal No. 196 of 2018, which came to be allowed by judgment and order dtd. 8/11/2021, thereby acquitting the accused from all charges. Dissatisfied by the same, original victim has preferred instant revision application.

(3.) Learned counsel for revision petitioner would point out that, entire oral and documentary evidence was correctly appreciated by learned Juvenile Justice Board and finding all ingredients for attracting the charges being available, conviction came to be recorded. He further submitted that, there was no illegality, perversity so as to interfere, but according to him, first appellate court interfered and set aside the well reasoned order.