Allahabad High Court
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:154199
Court No. - 80
Case :- CRIMINAL REVISION No. - 1384 of 2022
Revisionist :- X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Amitesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 09.02.2022 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Moradabad in Criminal Appeal No. 04 of 2022 as well as order dated 05.01.2021 passed by Juvenile Justice Board, Moradabad. Further prayed to release the revisionist on bail in Case Crime No. 92 of 2021 under Section 363, 376A.B I.P.C. and 5D/6 POCSO Act, Police Station Bilari, District Moradabad.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident in which he is said to have committed rape with the victim aged about 5 years. It is further submitted that the delinquent had neither committed rape with the victim nor caused any injury on her person but on account of village rivalry he was named in the F.I.R. with false allegations of committing rape and he was handed over to the police by the informant side after beating him brutally. It is also submitted that during medical examination no any external or internal injury was found on the person of the victim even no any sign or use of force was found to be used by the delinquent. In pathological report no live or dead sperm was seen. It suggest that no rape was committed with the victim at all. 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 19.03.2021 i.e. more than two years 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 as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, 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 05.01.2021 and the appellate court dated 09.02.2022 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/ mother 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/ mother 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/ mother 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
Suraj Srivastav
