Allahabad High Court
X Juvenile (Minor) 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:162767
Court No. - 80
Case :- CRIMINAL REVISION No. - 3615 of 2023
Revisionist :- X Juvenile (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Ravi Shanker Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and A.G.A. for the State and perused the material on record.
The present criminal revision has been preferred by the revisionist through his father 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 impugned judgment and order dated 19.06.2023 passed in Criminal Appeal No.39 of 2023 by learned Special Judge (POCSO)/A.S.J. Juvenile Court No.8, Shahjahanpur as well as order dated 30.05.2023 passed in Bail No.29 of 2023 by learned Juvenile Justice Board, Shahjahanpur in Case Crime No.622 of 2022, under Section 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station Kalan, District Shahjahanpur and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 17 years at the time of alleged incident. Further submitted that victim was also aged about 16 years and was studying in the same school and there was relationship between both of them one year prior to the alleged incident. It is also submitted that the victim went with the delinquent voluntarily to Noida then to Chandigarh and then to Ludhiyana where they lived as husband and wife as a result physical relations were also established, thereafter, both were caught by the police. The aforesaid fact was admitted by the victim herself before the learned Magistrate when her statement was recorded u/s 164 Cr.PC. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 12.01.2023 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 present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
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., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, the statement made by the victim before the learned Magistrate and the role of the present delinquent, 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 30.05.2023 and the appellate court dated 19.06.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (father 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 natural guardian/father 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 father will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/father 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 natural guardian/father 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 :- 10.8.2023
Ashok Gupta
