Allahabad High Court
X- (Minor) vs State Of U.P. And 3 Others on 3 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155785
Court No. - 80
Case :- CRIMINAL REVISION No. - 315 of 2023
Revisionist :- X- (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.,Ram Prakash Vishwakarma,Satendra Kumar
Hon'ble Subhash Chandra Sharma,J.
List revised none appeared on behalf of the opposite party even in the revised call.
Heard Sri Sushil Kumar Pandey, 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 03.01.2023 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Muzaffarnagar in Criminal Appeal No. 99 of 2022 as well as order dated 11.11.2022 passed by Juvenile Justice Board, Muzaffarnagar. Further prayed to release the revisionist on bail in Case Crime No. 67 of 2022 under Section 376, 506 I.P.C. and 3/4 POCSO Act 2012, Police Station Mansoorpur, District Muzaffarnagar.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years at the time of alleged incident. As per allegation in F.I.R. the victim was also aged about 15 years and subjected to rape at the instance of knife which was not recovered. It is further submitted that the incident is said to have been taken place on 22.03.2022 after lapse of five days F.I.R. was lodged i.e. 28.03.2022. It is further submitted that no any injury was found on the person of the victim to show that rape was committed with her by the revisionist. It is further submitted that the statement of Ajay and son of Sidhu was recorded by the Investigating Officer along with his mother in which he did not state that he saw the incident and the revisionist while committing rape with the victim, in this way there is no any support of allegation of commission of rape with the victim by the present revisionist. 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 29.03.2022 i.e. more than one year 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 11.11.2022 and the appellate court dated 03.01.2023 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 :- 3.8.2023
Suraj Srivastav
