Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 7 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:157722
Court No. - 80
Case :- CRIMINAL REVISION No. - 3992 of 2022
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Narendra Singh,Awaneesha Kumar,Mahesh Kumar Sahani
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 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 12.09.2022 passed by the learned Additional District & Sessions Judge/Special Judge (POCSO Act-1), Gorakhpur in Criminal Appeal No.102 of 2022 (Veeru Kumar @ Bharti vs. State of U.P.) as well as order dated 16.07.2022 passed by Juvenile Justice Board, Gorakhpur in Case Crime No.62/2022, under Sections 376, 504, 506 I.P.C. & Section 3/4 POCSO Act, Police Station Gulriha, District Gorakhpur 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 17 years at the time of alleged incident. Further submitted that as per allegation in F.I.R. the delinquent is said to have committed rape with the victim aged about 13 years and medical examination was done promptly but no any external or internal injury was found on the person of the victim to support the allegation of rape. It is further submitted that in the F.S.L. report no any presence of sperm was found on the clothes of the victim or of the delinquent, therefore, there is nothing on record to show that rape was committed by the delinquent with the victim except her allegation. 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 13.02.2022 (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, the F.S.L. report and the period present delinquent remained in jail, 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 16.07.2022 and the appellate court dated 12.09.2022 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 :- 7.8.2023
Ashok Gupta
