Allahabad High Court
X (Minor) vs State Of U.P. And Another on 21 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:167978
Court No. - 80
Case :- CRIMINAL REVISION No. - 4043 of 2022
Revisionist :- X (Minor)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Rajneesh Kumar Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist and A.G.A. for the State and perused the material on record.
2. 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 impugned judgment and order dated 17.08.2022 passed by the Additional District & Sessions Judge/ Special Judge (POCSO Act), Ghazipur in Criminal Appeal No. 70 of 2022 (Sandeep Kushwaha Vs. State of UP and another) whereby the appeal filed by the revisionist has been rejected and the earlier order dated 12.7.2022 passed by the Juvenile Justice Board, Ghazipur by which the bail application of the revisionist has been rejected in Case Crime No 31 of 2022 under Sections 363, 366, 368, 376 IPC and 5/6 POCSO Act, Police Station - Suhawa, District - Ghazipur and also prays to release the revisionist/delinquent on bail in the aforesaid case.
3. 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 22.4.2022 (i.e. more than one year). It is further submitted that victim was major and at the time of medical examination her age was found to be 18 years. As per version in the F.I.R there is allegation that she was enticed away by the present revisionist/delinquent and her statement was recorded under Section 164 Cr.P.C. before the learned Magistrate in which she stated that she was in affair with the delinquent and physical relationship was established between them 4-5 times, which shows that she was consensus and being major at the time of alleged incident no offence under Section 376 IPC can be said to be made out. There is nothing adverse to the interest of the deliquescent. 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 Juvenile Care Home since 22.4.2022 (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.
4. Learned A.G.A. opposed the prayer as aforesaid.
5. 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.
6. Accordingly, the orders passed by Juvenile Justice Board dated 12.7.2022 and the appellate court dated 17.8.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
7. It is directed that delinquent/applicant be released on bail in the aforesaid case 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 natural guardian/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 mother will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/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 natural guardian/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 :- 21.8.2023
S.K.S.
