Allahabad High Court
Juvenile -X 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:156806
Court No. - 80
Case :- CRIMINAL REVISION No. - 398 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- K.K.Rao,Sarvjeet Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and A.G.A. for the State and perused the material on record.
The present criminal revision has been preferred by the revisionist through his mother 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 13.12.2022 passed in Criminal Appeal No.47/2022 (X through legal and natural guardian Sumitra Devi vs. State of U.P. and another) in Case Crime No.0145/2022 under Section 376AB I.P.C. and Section 5m/6 POCSO Act, Police Station Nautanwa, District Maharajganj passed by the learned Special Judge (POCSO Act), Maharajganj as well as the order dated 17.10.2022 passed by the Juvenile Justice Board, Maharajganj under Section 12(1) of the J.J. Act and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 10 years at the time of alleged incident. Further submitted that as per version in F.I.R. rape was committed by the delinquent with the victim who is aged about 6 years and she was drenched with blood but the medical examination of the victim was conducted on the same day promptly in which it was found that there was no any external or internal injury found on the person of the victim. Even there is no injury on her private part and pathological report was also found to be negative which shows that no rape was committed with the victim by the present delinquent.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 05.08.2022 (i.e. about one year) 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 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 17.10.2022 and the appellate court dated 13.12.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/mother be released on bail in the aforesaid case 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 4.8.2023
Ashok Gupta
