Allahabad High Court
Xxx (Minor) 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:157677
Court No. - 80
Case :- CRIMINAL REVISION No. - 1424 of 2022
Revisionist :- Xxx (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Pavan Kumar,Neeraj Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Notice was served on the informant but none appeared on the behalf of the informant.
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 17.02.2022 passed by Court of Additional Sessions Judge (POCSO Act) Bijnor in Criminal Appeal No.69 of 2021 (Priyanshu Kumar (minor) vs. State in connection with Case Crime No.574 of 2021, under Sections 363, 376 D(A) I.P.C. and Section 5(g)/6 of POCSO Act, Police Station Syohara, District Bijnor as well as kindly may set aside the impugned order dated 22.12.2021 passed by Juvenile Justice Board, Bijnor 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 15 years, 8 months at the time of alleged incident. Further submitted that as per version in F.I.R. the victim (aged about 15 years) was taken away by the delinquent alongwith two other co-accused persons and rape was committed with her. In the statement of the victim as recorded by the learned Magistrate u/s 164 Cr.P.C. no specific role of committing rape was assigned to the present delinquent except catching of her face. It is also submitted that during medical examination no any external or internal injury was found to support the version that rape was committed with her. There is no any material on record to show that present delinquent also committed rape with 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 22.10.2021 (i.e. about two 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 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 22.12.2021 and the appellate court dated 17.02.2022 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
