Allahabad High Court
Juvenile -X 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:166385
Court No. - 80
Case :- CRIMINAL REVISION No. - 2232 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Anil Kumar
Counsel for Opposite Party :- G.A.,Anand Kumar
Hon'ble Subhash Chandra Sharma,J.
List has been revised. Learned counsel for revisionist as well as learned A.G.A is present. No one is present from the side of opposite parties.
Heard learned counsel for revisionist 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 1.4.2023 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Sonbhadra in Crl. Appeal No. 19 of 2023 as well as order dated 15.3.2023 passed by Juvenile Justice Board, Sonbhadra. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.179 of 2022, under Sections IPC and 3/4 (2) POCSO Act and section 3(2)(v) SC/ST Act, Police Station Babhani, District Sonbhadra.
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 and is languishing in Child Care Home since 8.11.2022. As per version made in the F.I.R, he committed rape with the daughter of the informant on 6.11.2022 at about 9.00 P.M. and both of them were taken to the police station and F.IR was lodged. During investigation the statement of victim was recorded in which she disclosed that the delinquent took her in the forest and committed rape with her and she was brought from the forest to home by her inmates. It is further submitted that the medical examination of the victim was conducted on 7.11.2022 but no any sign of rape was seen and no any internal or external injury was present on her body which shows no rape was committed with her by the delinquent. In this regard the allegation of committing rape with her by the delinquent becomes false. 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. The delinquent is in Juvenile Care Home since 8.11.2022 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 A.G.A. for the State opposed the prayer as aforesaid.
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 Principal Juvenile Justice Board dated 15.3.2023 and the appellate court dated 1.4.2023 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.
(i)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.
(ii) 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
G.S
