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:158036
Court No. - 80
Case :- CRIMINAL REVISION No. - 2682 of 2023
Revisionist :- X(Minor)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Qazi Vakil Ahmad
Counsel for Opposite Party :- G.A.,Afshan Shafaut
Hon'ble Subhash Chandra Sharma,J.
List revised none appeared on behalf of the opposite party even in the revised call.
Heard 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 15.06.2022 passed by Additional Sessions Judge/ Special Judge (POCSO Act), Kanpur Nagar in Criminal Appeal No. 71 of 2022 as well as order dated 09.05.2022 passed by Juvenile Justice Board, Kanpur Nagar. Further prayed to release the revisionist on bail in Case Crime No. 282 of 2021 under Section 363, 366, 376 I.P.C. & 3/4 POCSO Act 2012, Police Station Bidhnu, District Kanpur Nagar.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years at the time of alleged incident. It is further submitted that as per allegation in F.I.R. the victim who was also aged about 15 years was enticed away by the delinquent and physical relations were made by him with her. It is further submitted that she was volunteer and went with him on her own will. No any force or violence was used by the delinquent. It is also submitted that as per statement of the victim as recorded under Section 164 Cr.P.C. by the learned Magistrate she admitted the fact that she was being beaten by her father under the influence of liquor that was the reason she went with the delinquent to Mumbai where they lived as husband and wife and physical relations were also made by him with her though not with her consent but the totality of statement of the victim shows that she was volunteer and no any complaint was made by her about the physical relations said to be made with her by the delinquent by force. 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 24.09.2021 i.e. about two years 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 09.05.2022 and the appellate court dated 15.06.2022 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
