Allahabad High Court
X- Juvenil vs State Of U.P. And Another on 2 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155477
Court No. - 80
Case :- CRIMINAL REVISION No. - 5294 of 2022
Revisionist :- X- Juvenil
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- R.K.Paramhans Singh,Akhilesh Singh,Manvendra Narain Pathak,Yogendra Yadav
Counsel for Opposite Party :- G.A.,Ramesh Kumar Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist as well as learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his father under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 21.10.2022 passed by learned Additional Session Judge/Special Judge( POCSO Act) Deoria in Crl. Appeal No.65 of 2022 as well as order dated 1.9.2022 passed by Principal Magistrate, Juvenile Justice Board, Deoria. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.145 of 2022, under Sections 363,366,376 I.P.C and 5/6 POCSO Act, Police Station Kotwali, District Deoria.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 13 years at the time of the alleged incident and is languishing in Child Care Home since 12.3.2022 ie more than one years. As per allegation made in the F.I.R, the present delinquent with other three co-accused persons enticed away the victim who was aged about 15 years but during investigation the other co-accused persons were exonerated. It is also submitted that during medical examination no any injury was found on the person of the victim to suggest that the rape was committed with her. It is also submitted that though after recovery of victim the present F.I.R was lodged by the informant yet no allegation of rape was made in the F.I.R and it was lodged under section 363 I.P.C only. In this way the story of rape becomes false and not supported with any evidence on record except the statement of the victim herself. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Care Home since 12.3.2022 ie more than one year and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Principal Magistrate,Juvenile Justice Board 1.9.2022 and the appellate court dated 21.10.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:-
(i) The revisionist/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the revisionist/father will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 2.8.2023
G.S
