Allahabad High Court
X (Minor) vs State Of U.P. And 3 Others on 17 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:165810
Court No. - 80
Case :- CRIMINAL REVISION No. - 4066 of 2022
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Satish Kumar Tyagi
Counsel for Opposite Party :- G.A.,Ajay Singh Yadav
Hon'ble Subhash Chandra Sharma,J.
List revised none appeared on behalf of the opposite parties even in the revised call.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 01.09.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Ghaziabad in Criminal Appeal No. 123 of 2022 as well as order dated 22.07.2022 passed by Juvenile Justice Board, Ghaziabad. Further prayed to release the revisionist on bail in Case Crime No. 70 of 2022 under Section 376(3), 506 I.P.C. and 3/4(2) POCSO Act, Police Station Sahibabad, District Ghaziabad.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that as per allegation in F.I.R. the victim was alone in her house when the delinquent entered into her home and made attempt to commit rape with her in the mean time her parents came there and tried to catch the delinquent but he fled away. It is further submitted that the incident is said to have been taken place on 12.01.2022 but F.I.R. has been lodged on 15.01.2022 without any explanation of delay. It is further submitted that during medical examination no any injury was found on her person to suggest that rape was committed with her by the delinquent. In the statement of the victim as recorded before the learned Magistrate she only disclosed the fact that the delinquent made an attempt to commit rape in the mean time her parents intervened and also stated that the delinquent had committed rape with her four to five times prior to the alleged incident by threatening her but there is no any material on record to show that the present delinquent committed rape with her four to five times prior to the alleged incident. Even in the pathological report no sign suggesting rape was found. 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 provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 16.01.2022 i.e. more than one and a half years and his psychology is being affected adversely, therefore, requested to set aside orders 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, submission made by learned counsel for the revisionist as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 22.07.2022 and the appellate court dated 01.09.2022 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail 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 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 thefather 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
Suraj Srivastav
