RANCHI, India, June 4 -- Jharkhand High Court issued the following order on April 4:

1. Heard learned counsel for the parties.

2. This revision has been filed by petitioner/informant for setting aside the order dated 06.08.2018 wherein the learned court of Juvenile Justice Board, Palamau at Daltonganj has released all accused persons i.e. opposite party No. 2 to 4 after due admonition in Pandu P.S. Case No. 04 of 2018 corresponding to G.R. Case No. 318 of 2018.

3. Learned counsel appearing for the petitioner submits that in the instant case several golden jewelries were stolen from the house of the petitioner by the accused persons. It is submitted that in the course of investigation, some accused persons were apprehended and one Mangal Sutra and one pair of earrings were recovered from the possession of Sahbaz Ansari which was released in favour of the petitioner and other ornaments including golden necklace, ear-tops and golden Maang Tika were stolen in the same transaction but the same was not recovered. It is further submitted that after completion of investigation, three juveniles in conflict with law namely Ali Raza, Zubair Alam and Sahbaz Ansari were charge-sheeted in this case and have confessed their guilt and were released after due admonition under Section 3 of Probation of Offenders Act. It is submitted that the victim has got no justice as regards her entire stolen articles has not been recovered and she has sustained huge monetary loss. Therefore, she may be provided compensation under Section 357-A of the Cr.P.C. corresponding to Section 396 of B.N.S.S. which has not been awarded by the learned trial Court.

4. Learned counsel appearing for opposite party Nos. 2 to 4 submitted that since the accused persons of this case were all juvenile in conflict with law having their no source of income were convicted on their plea of guilt and it is their first offence, hence they were released after due admonition under Section 3 of the Probation of Offenders Act. The materials which were recovered from the accused persons have already been delivered to the victim by order of the Court.

5. Learned A.P.P. has also submitted that in view of the Section 357-A of the Cr.P.C., Jharkhand State Victim Compensation Fund has been notified wherein there is no head of compensation for theft of property. Therefore, this criminal revision is fit to be dismissed. It is further submitted that the merits of the impugned judgment has not been challenged in this case and in that view of the matter also, this revision is liable to be dismissed.

6. I have considered the respective rival arguments of the parties.

7. It appears that three accused persons were arrested and one Mangal Sutra and one pair ear-tops were recovered from the possession of Sahbaz Ansari and these articles has also been released in favour of the victim vide order dated 14.05.2018. The accused persons were juvenile in conflict with law and confessed their guilt and were convicted vide order dated 06.08.2018 on the basis of plea of guilt and since they were found to be students and an undertaking was given by their parents that they will continue their education, they were released after due admonition under Section 3 of the Probation of Offender Act.

8. It appears that whatever stolen articles were recovered in this case, has already been handed over to the victim and the children in conflict with law involved in this case were students having no source of income, hence no compensation was granted to the victim. Moreover, in view of the Section 357-A of the Cr.P.C., Jharkhand Victim Compensation Scheme, 2016 is notified and there is no provision of fund for compensation in respect of theft.

9. In view of the aforesaid discussions and reasons, this criminal revision is dismissed.

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