Allahabad High Court
Master X (Minor ) vs State Of U.P. And 3 Others on 21 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:168166
Court No. - 80
Case :- CRIMINAL REVISION No. - 4524 of 2022
Revisionist :- Master X (Minor )
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Vinod Kumar Pandey
Counsel for Opposite Party :- G.A.,Akhil Kumar Shukla
Hon'ble Subhash Chandra Sharma,J.
1. Affidavit of compliance filed by learned AGA is taken on record.
2. List revised. None appeared for the opposite party no. 2.
3. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material on record.
4. The present criminal revision has been preferred by the revisionist through his mother 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 7.9.2022 passed by the Special Judge (POCSO Act)/Additional District & Sessions Judge, Kannauj in Criminal Appeal No. 17 of 2022 (Raj Kumar Vs. State of UP) whereby the appeal filed by the revisionist has been rejected and the earlier order dated 23.8.2022 passed by the Juvenile Justice Board, Kannauj by which the bail application of the revisionist has been rejected in Case Crime No 60 of 2022, under Sections 452, 376-AB, 506 IPC, 5m/6 POCSO Act, 2012, Police Station - Kannauj, District - Kannauj and also prays to release the revisionist/delinquent on bail in the aforesaid case.
5. It is submitted that in this case the delinquent/applicant was aged about 16 years at the time of alleged incident and is in Child Care Home since 29.3.2022 (i.e. more than one year). It is further submitted that as per version in the FIR the rape was committed by the present delinquent with the victim who was also aged about 16 years. It is further submitted that during medical examination no any injury either external or internal was found on the person of the victim even in the FSL report no any sign of rape was found. There is no other material on record to show that incident took place with her except her own statement. Lastly, it is also submitted that the FIR was made after delay of 7 days without any explanation which also falsifies the prosecution story. There is nothing adverse to the interest of the delinquent. 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 jail since 29.3.2022 (i.e. more than one year) 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.
6. Learned A.G.A. opposed the prayer as aforesaid.
7. 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 medical examination report of the victim and the period present delinquent remained in child care home, 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.
8. Accordingly, the orders passed by Juvenile Justice Board dated 23.8.2022 and the appellate court dated 7.9.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
9. It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (mother 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/mother 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 mother will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/mother 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/mother 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 :- 21.8.2023
S.K.S.
