Allahabad High Court
X (Minor) vs State Of U.P. And Another on 7 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:157760
Court No. - 80
Case :- CRIMINAL REVISION No. - 5367 of 2022
Revisionist :- X (Minor)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Vinod Kumar Yadav
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 grandfather 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 13.10.2022 passed by learned Additional District & Session Judge, Fatehpur in Criminal Appeal No.56 of 2022 arising out of Case Crime No.20 of 2022, u/s 363, 366, 376 I.P.C. & Section 3/4 POCSO Act, Police Station Ashothar, District Fatehpur as well as the order dated 08.08.2022 passed by Juvenile Justice Board, Fatehpur 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 12 years at the time of alleged incident and the victim was also aged about 13 years at that time. Further submitted that as per version in F.I.R. the victim was enticed away by the present delinquent and physical relations were established thereafter. As per the statement made by the victim u/s 164 Cr.P.C. before the learned Magistrate, she was subjected to rape four times but during medical examination no any sign of injury or anything was found to support the allegation of rape with her. Further submitted that the incident is said to have taken place on 11.02.2022 but F.I.R. was lodged on 14.02.2022, after delay of three days without any explanation after concocting false story and with ulterior motive, by the mother of the victim. 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 05.05.2022 (i.e. more than 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 fact that nothing was found in the medical report against the present delinquent, 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 08.08.2022 and the appellate court dated 13.10.2022 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 (grandfather 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/grandfather 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 grandfather will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/grandfather 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/grandfather 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 :- 7.8.2023
Ashok Gupta
