Allahabad High Court
Juvenile -X vs State Of U.P. And 3 Others on 10 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:161791
Court No. - 80
Case :- CRIMINAL REVISION No. - 2170 of 2022
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Narayan Singh(Kushwaha)
Counsel for Opposite Party :- G.A.,Upendra Upadhyay
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, Sri Upendra Upadhyay learned counsel for the opposite parties as well as learned A.G.A. for the State and perused the material on 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 08.04.2022 passed by learned Sessions Judge, Etah in Criminal Appeal No. 49 of 2021 as well as order dated 31.03.2022 passed by Juvenile Justice Board, Etah. Further prayed to release the revisionist on bail in Case Crime No. 189 of 2021 under Section 376A I.P.C. and u/s 5/6 of POCSO Act, Police Station Bagwala, District Etah.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years 4 months and 22 days. at the time of alleged incident. It is further submitted that as per allegation in F.I.R. the victim aged about three months was said to be raped by the present delinquent who later on died after 28 days. It is further submitted that the delinquent did not commit rape with the victim though she sustained injuries somewhere else but on account of village rivalry F.I.R. was lodged against him with false allegations. 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 appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind. Since the delinquent is of tender age and is languishing in Child Care Home since 17.08.2021 and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned counsel for the opposite parties as well as learned A.G.A. opposed the prayer as made by learned counsel for the revisionist and contended that in this case the victim was aged about three months and the delinquent was above the age of 16. She was being entertained by other girl Nisha from whom the delinquent took away the victim and committed rape with her. In the mean time, Nisha told the incident to the informant (mother of the victim), who found that there was bleeding on her private part, as a result, present F.I.R. was lodged on the same day. During medical examination injuries on private part of the victim were found and she was referred to Medical College, Aligarh where she was got admitted from 13.08.2021 to 16.08.2021 even though she died later on and the aforesaid injuries were also found during postmortem of the deceased. It is also contended that the argument on the part of the revisionist that the victim fell somewhere else and sustained injuries is not acceptable because no any external injury was found on other parts of the body of the victim/ deceased.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, the age of the victim/ deceased and the age of the delinquent, the medical report and the report submitted by the Probation Officer, perusal of record, the orders passed by the learned courts below, there appears no any illegality or impropriety in the orders passed by the learned J.J. Board as well as learned appellate court but this criminal revision being devoid of merit is liable to be dismissed.
Accordingly, this criminal revision is, hereby, dismissed.
Order Date :- 10.8.2023
Suraj Srivastav
