Allahabad High Court
Juvenile -X vs State Of U.P. And 3 Others on 2 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:154537
Court No. - 80
Case :- CRIMINAL REVISION No. - 738 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Dinesh Kumar Yadav,Atmaram Nadiwal
Counsel for Opposite Party :- G.A.,Arun Kumar Pal
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the revisionist as well as learned AGA for the State and perused the record.
The present criminal revision has been preferred by the revisionist with a prayer to allow this revision and set aside the judgment and order dated 15.12.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Maharajganj in Criminal Appeal No.46 of 2022 as well as order dated 21.10.2022 passed by Juvenile Justice Board, Maharajganj. Further prayed to release the revisionist on bail in Case Crime No.160 of 2022 under Sections 376D, 452 I.P.C. and 5G/6 POCSO Act, Police Station- Paniyara, District-Maharajganj.
It is submitted in this case that the delinquent was aged about 16 years, 5 months and 27 days at the time of alleged incident. Initially the FIR was lodged under Section 354 IPC but during investigation on the basis of statement made by the victim, Section 376 IPC was also added and there is nothing on record to show that the rape was committed on the victim by the present delinquent. No any medical examination was done on the person of the victim because she denied the medical examination. It is further submitted that on account of village rivalry present FIR was lodged with false allegations against the delinquent. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 09.09.2022 and his psychology is being affected adversely, therefore, requested to set aside orders 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, submission made by learned counsel for the revisionist, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, it appears that Juvenile Justice 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 Juvenile Justice Board dated 21.10.2022 and the appellate court dated 15.12.2022 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing person bond by the revisionist (mother 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/natural guardian 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 mother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/natural guardian 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/natural guardian 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
Harshita
