Allahabad High Court
X (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:157813
Court No. - 80
Case :- CRIMINAL REVISION No. - 631 of 2023
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Rakesh Kumar Verma,Awadhesh Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Awadhesh Kumar Pandey learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 16.11.2022 passed by learned Special Judge (POCSO Act), Sambhal in Criminal Appeal No. 23 of 2022 as well as order dated 08.08.2022 passed by Juvenile Justice Board, Sambhal. Further prayed to release the revisionist on bail in Case Crime No. 176 of 2022 under Section 363, 366A, 376 I.P.C. and 3/4 POCSO Act, Police Station Sambhal, District Sambhal.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident. It is further submitted that the victim went with the delinquent voluntarily without any pressure or force. She also admitted that the fact that she called the delinquent herself with mobile phone and then went to wander together on motorcycle and physical relations were established between both of them then she went to Moradabad from there to Gandhinagar and then caught by the police. There is no allegation against the delinquent of either use of force or violence against her. During medical examination no any injury was found on her person which shows that there is no use of force or violence. The material on record shows that she was volunteer. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 07.06.2022 i.e. more than a year and his psychology is being affected adversely, therefore, requested to set aside orders 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, submission made by learned counsel for the revisionist as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 16.11.2022 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail 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 revisionist/ 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 revisionist/ 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 revisionist/ 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 :- 7.8.2023
Suraj Srivastav
