Allahabad High Court
Juvenile vs State Of U.P. And Another on 8 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:159804
Court No. - 80
Case :- CRIMINAL REVISION No. - 1666 of 2023
Revisionist :- Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Siddharth Srivastava
Counsel for Opposite Party :- G.A.,Shyam Sunder Yadav
Hon'ble Subhash Chandra Sharma,J.
Counter affidavit filed by learned counsel for opposite party is taken on record.
Heard learned counsel for the parties 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 28.2.2023 passed by learned Special Judge(POCSO Act,) Azamgarh in Crl. Appeal No. 61 of 2022 as well as order dated 2.6.2022 passed by Learned Principal Judge, Juvenile Justice Board, Azamgarh. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case No. 87 of 2022, under Sections 376DA I.P.C and Section 5/6 POCSO Act, Police Station Menhnagar, District Azamgarh.
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 in which the rape is said to have been committed with the victim aged about 16 years and the delinquent is languishing in Child Care Home since 19.3.2022 ie more than one year. It is further submitted that in the statement made by the victim under section 164 Cr.P.C, the role of co-accused Deena has been specified that he committed rape with her but the role of attempt only has been assigned to the present delinquent. It is further submitted that the elder sister of the victim was also with her. When she went for natural call her sister was standing on the road and when she sat for naturalcall then the delinquent and co-accused Deena came from behind and caught her hand and took her into the field of mustard and committed rape with her but no any hue and cry was made by the victim which show that the whole prosecution story was concocted. It is also submitted that there is allegation of dragging the victim on the ground but no any such injury was found on her person to show that she was dragged. It is also submitted that the F.I.R was also lodged after delay of two days without any explanation. It is further submitted the samples were also taken but there is no any forensic report on record to show that the rape was committed with her by the 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. The delinquent is in Juvenile Care Home since 19.3.2022 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 prayer as aforesaid
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 dated 2.6.2022 and the appellate court dated 8.2.2023 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 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
G.S
