Allahabad High Court
Pxxxn- Juvenile vs State Of U.P. And 3 Others on 4 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156791
Court No. - 80
Case :- CRIMINAL REVISION No. - 516 of 2023
Revisionist :- Pxxxn- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Apul Misra
Counsel for Opposite Party :- G.A.,Beena Mishra
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Apul Mishra, learned counsel for the revisionist as well as Ms. Beena Mishra learned counsel for Child Welfare Committee alongwsith A.G.A. for the State and perused the material on 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 impugned judgment and order dated 18.11.2022 passed by the Additional Sessions Judge/Special Judge (POCSO Act), Court No.8, Shahjahanpur in Criminal Appeal No.100 of 2022 and order dated 16.08.2022 passed by the Juvenile Justice Board, Shahjahanpur under Section 12 of Juvenile Justice Act rejecting the Bail Application No.52 of 2021 of the revisionist and grant bail to the revisionist u/s 12 of Juvenile Justice Act in connection with Case Crime No.145 of 2021 under Sections 376(2)(f), 452, 506 I.P.C. & Section 5(d)/6 of POCSO Act and under Section 3(2)(V) SC/ST Act, Police Station Kalan, District Shahjahanpur.
It is submitted that in this case the delinquent/applicant was aged about 16 years at the time of alleged incident. Further submitted that as per the version in F.I.R. the delinquent entered finger in the private part of the victim as a result she sustained injuries regarding which present F.I.R. was lodged u/s 376 I.P.C. though no any sexual assault was made by the present delinquent. Further submitted that during medical examination no any sexual assault was found to be made on the victim except the injury on her private part regarding which opinion was given by the doctor that there was no sign suggestive of vaginal force but it was genital assault. It is further submitted that the injury said to be caused on the private part of the victim was not caused by the delinquent but it was from somewhere else. There is no any other evidence on record to show that act was done by the present delinquent himself. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 04.04.2021 (i.e. more than 2 years) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
Learned counsel for the C.W.C. as well as 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., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer and the period present delinquent remained in child care home, 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 16.08.2022 and the appellate court dated 18.11.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 4.8.2023
Ashok Gupta
