Allahabad High Court
X (Juvenile) vs State Of U.P. And 3 Others on 8 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL REVISION No. - 4892 of 2022
Revisionist :- X (Juvenile)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- R.B.Pal,Akhilesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the record.
2. 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 1.11.2022 passed by Additional Sessions Judge/Special Judge, (POCSO Act), Court No. 1, Deoria in Criminal Appeal No. 63 of 2022 (Vikas Pal Vs. State of U.P.) as well as order dated 12.9.2022 passed by Juvenile Justice Board, Deoria. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 43 of 2022, under Sections 363, 366, 376 IPC and 3/4 POCSO, Police Station Baghauchghat, District Deoria.
3. It is submitted that in this case, the revisionist was aged about 16 years at the time of alleged incident and is in Child Care Home since 31.3.2022 i.e. more than one year. As per allegations made in the F.I.R. the victim went away from her home with the applicant by taking jewelry. During investigation statement of the victim was recorded before the learned Magistrate in which she clearly stated that she went with the applicant voluntarily and she was in relation with him since three years prior to the alleged incident. She went to Lucknow and stayed in a Dharmshala but no physical relation was established between both of them. Thereafter on information received from the inmates of the revisionist, she came back to Gorakhpur and went to Deoria and then went to Police Station. It was also stated by her that she went from her house with the revisionist to participate in a dance competition at Mumbai. It shows that she was volunteer and no force or violence was used by the revisionist for taking her with him and no physical relation was established between them. Even during medical examination no injury was found on her person to show that rape was committed with her. 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 31.3.2022 i.e. more than one years 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.
4. Learned A.G.A. opposed the aforesaid prayer.
5. 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 period of delinquent remained in jail, 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.
6. Accordingly, the orders passed by Juvenile Justice Board dated12.9.2022 and the appellate court dated1.11.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed.
7. 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 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 :- 8.8.2023
Aiman
