Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 23 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:170148
Court No. - 80
Case :- CRIMINAL REVISION No. - 3776 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Mukesh Kumar Pandey,Prashant Singh
Counsel for Opposite Party :- G.A.,Anil Kumar,Lav Kumar Dubey,Saurabh Sachan
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on 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 impugned judgment and order dated 26.06.2023 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Mirzapur in Sessions Trial No.33/2023 arising out of Case Crime No.203/2022 under Sections 363, 366, 376 I.P.C. & Section 3/4 of POCSO Act, 2012, Police Station Marihan, District Mirzapur and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 16 years and was juvenile at the time of alleged incident. As per version in F.I.R. the delinquent was named for enticing the daughter of the informant who was aged about 15 years. Further submitted that statement of the victim was recorded by the learned Magistrate u/s 164 Cr.P.C. in which she clearly stated that there was communication between the delinquent and her as a result she went to Mirzapur Railway Station alone from where accompanied the delinquent by train to Muzaffarpur but during the course of journey could not call for help to any person. She stayed there in a room for a day and studied a book regarding which a video was prepared. There is no allegation of committing rape with her by the delinquent except administration of a pill for headache. It shows that she went with the delinquent voluntarily and no any sexual relation was established between both of them. Nothing was found in the medical examination report to suggest that rape was committed with her. 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 by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the court below while passing the aforesaid order. The delinquent is in Juvenile Care Home since 19.11.2022 and his psychology is being affected adversely, therefore, requested to set aside the order 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.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that the victim made statement against the delinquent for commission rape before the I.O. u/s 161 Cr.P.C. In this way, it cannot be said that rape was not committed with the victim.
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 statement of made by the victim u/s 164 Cr.P.C. before the learned Magistrate and the role of the present delinquent, 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 the appellate court dated 26.06.023 is, hereby, set aside and the present criminal revision is hereby, allowed.
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 father 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 :- 23.8.2023
Ashok Gupta
