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:157514
Court No. - 80
Case :- CRIMINAL REVISION No. - 2206 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Shri Ram (Rawat),Indra Deo Mishra,Shushil Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother 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 4.4.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Sonbhadra Criminal Appeal No. 17 of 2023 as well as order dated 13.2.2023 passed by Juvenile Justice Board, Sonbhadra. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 99 of 2022 arising out of Case No. 62 of 2022, under Section 376-D IPC & Section 5G/6 POCSO Act and Section 3(2)(V) S.C./S.T. Act, Police Station Shakti Nagar, District Sonbhadra.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years 06 months and 29 days at the time of alleged offence. Further submitted that the victim was aged about 17-18 years and was in relation with co-accused. In her statement as recorded under Section 164 Cr.P.C. before the Magistrate, she did not identify the present delinquent as to commit rape with her but she identify as Gora Wala and Dadi Wala. In this way, she did not identify the present delinquent. Further submitted that co-accused Gulfam Khan who was major has been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 41392 of 2022 vide order dated 2.1.2023. It is also submitted that there is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 11.7.2022 and his 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 aforesaid prayer.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist 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 Juvenile Justice Board dated13.2.2023 and the appellate court dated4.4.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal 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 themother 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
A. Singh
