Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 17 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:165762
Court No. - 80
Case :- CRIMINAL REVISION No. - 776 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sukrampal
Counsel for Opposite Party :- G.A.,Amit Rai,Sanjay Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party No. 2 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 18.01.2023 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Muzaffar Nagar in Criminal Appeal No. 106 of 2022 as well as order dated 01.12.2022 passed by Juvenile Justice Board, Muzaffar Nagar. Further prayed to release the revisionist on bail in Case Crime No. 617 of 2022 under Section 363, 366, 376(3) I.P.C. and u/s 3/4(2) of POCSO Act, Police Station Kotwali Nagar, District Muzaffar Nagar.
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 aged about 16 went to the college but did not return to her home, as a result F.I.R. was lodged by her father under Section 363 I.P.C. against the delinquent. During investigation the statement of the victim was recorded before the learned Magistrate in which she admitted the fact that she was known to him two years prior to the alleged incident and he was also a student in her school. It is further submitted that the victim went to Muzaffar Nagar bus stand with the delinquent and then went to Ludhiana by bus where they stayed in a rented room and physical relations were established between both of them. When the money was over and the delinquent went away for making arrangement of money she was caught by Police, in this way the victim herself was volunteer and no any force or violence was used by the delinquent with the victim in taking her away from Muzaffar Nagar to Ludhiana and no any hue and cry was made by her in the way. It is further submitted that she stayed with the victim in a rented room which also shows her willingness. 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 30.09.2022 i.e. almost one year 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 counsel for the opposite party No. 2 as well as learned A.G.A. opposed the prayer as aforesaid.
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, 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 01.12.2022 and the appellate court dated 18.01.2023 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 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/ Suraj Srivastav
