Allahabad High Court
X- Minor And 3 Others 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:158130
Court No. - 80
Case :- CRIMINAL REVISION No. - 1034 of 2023
Revisionist :- X- Minor And 3 Others
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Vikas Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist as well as learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through their natural guardian 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 judgment and order dated 30.1.2023 passed by the learned Additional Sessions Judge/Special Judge( POCSO Act), Bhadohi in Crl. Appeal No.03 of 2023 as well as order dated 6.1.2023 passed by Juvenile Justice Board, Bhadohi. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 177 of 2022, under Sections 377,506 I.P.C and Section 3(2)(5) of SC/ST Act and section 5/6 of POCSO Act, Police Station Gyanpur, District Bhadohi.
It is submitted by the learned counsel for the revisionists that the delinquents were aged about 15, 16 and 16 years on the date of the alleged incident and they are languishing in Child Care Home since 23.9.2022. As per allegations made in the F.I.R the sodomy is said to have been committed by the revisionists with the victim who was aged about 8 years but during medical examination, no any injury was found on the person of the victim which shows that no sodomy was committed with him at all. This may be said that there was only attempt to commit sodomy. It is further submitted that on account of rivalry this F.I.R was lodged with false allegation against the revisionists out of which two are real brothers and it cannot be said that two real brothers will commit such type of offence together.
There is nothing adverse to the present delinquents in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquents are in Juvenile Care Home since 23.9.2022 and their psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 Principal Magistrate,Juvenile Justice Board 6.1.2023 and the appellate court dated 30.1.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquents/applicants be released on bail on executing personal 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 revisionists/natural guardian will furnish an undertaking that upon release on bail the revisionists 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 natural guardian will ensure that the juvenile will not repeat the offence.
(ii) The revisionists/natural guardian will further furnish an undertaking to the effect that the juveniles will pursue their study at the appropriate level which they would be encouraged to do besides other constructive activities and not be allowed to waste their time in unproductive and excessive recreational pursuits.
(iii) Juveniles and the revisionists/natural guardian 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 their 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
G.S
