Allahabad High Court
Juvenile -X vs State Of U.P. And Another on 17 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165057
Court No. - 80
Case :- CRIMINAL REVISION No. - 4077 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Anand Pati Tiwari
Counsel for Opposite Party :- G.A.,Shiv Om Vikram Singh Chauhan
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, Sri Shiv Om Vikram Singh Chauhan, learned counsel for opposite party no. 2 as well as learned A.G.A. for State and perused the 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 judgment and order dated 19.5.2023 passed by learned Juvenile Court, Auraiya in Criminal Appeal No. 14 of 2023 as well as order dated 3.3.2023 passed by Juvenile Justice Board, Auraiya. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 246 of 2021, under Sections 376, 504, 506 IPC, Police Station Achalda, District Auraiya.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years and 08 months at the time of alleged offence. Further submitted that occurrence is said to have on 24.6.2021 and F.I.R. was lodged on 6.9.2021 after inordinate delay without any explanation thereto. During medical examination, no any injury internal or external was found to support the commission of rape on the person of the victim. There is no any material on record to show that the rape was committed with her by present delinquent. 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 23.08.2022 i.e. more than one year 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 counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer and urged that the allegation made in the F.I.R. gets support with the statement of the victim as recorded under Sections 161 and 164 Cr.P.C. F.I.R. was not lodged by the police promptly that was the reason an application under Section 156(3) Cr.P.C. was filed before the learned court concerned then F.I.R. was lodged.
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 dated3.3.2023 and the appellate court dated19.5.2023 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 (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 revisionist/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 revisionist/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 revisionist/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 :- 17.8.2023
A. Singh
