Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 24 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:170831
Court No. - 80
Case :- CRIMINAL REVISION No. - 81 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Manoj Kumar Dhuriya,Priyadarshi Tripathi,Rakesh Kumar Tiwari
Counsel for Opposite Party :- G.A.,Beena Mishra
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, Ms. Beena Mishra, learned counsel on behalf of Child Welfare Committee 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 08.12.2022 passed by learned Special Additional District & Sessions Judge (POCSO Act), Muzaffar Nagar in Criminal Appeal No. 96 of 2022 as well as order dated 1.11.2022 passed by Juvenile Justice Board, Muzaffar Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 39 of 2022, under Sections 363, 366, 376 IPC & Section 5/6 POCSO Act, Police Station Shahpur, District Muzaffar Nagar.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 4 months and 14 days at the time of alleged offence. Further submitted that the victim who was aged about 17 years went with the revisionist voluntarily from the village to Haridwar then to Haryana and then to Muzaffar Nagar where both of them stayed together. In the statement of the victim as recorded under Section 164 Cr.P.C. before the learned Magistrate, she has clearly admitted the fact but after making improvement in her statement she stated that physical relations were established forcefully. The entire statement shows her willingness. In this way, she was volunteer and no force or violence was used by the revisionist in taking her away. It is also submitted that there is nothing on record to show the complicity of present delinquent. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 24.3.2022 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 counsel for Child Welfare Committee as well as A.G.A. opposed the aforesaid prayer.
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 Juvenile Justice Board dated1.11.2022 and the appellate court dated08.12.2022 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.
(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 :- 24.8.2023
A. Singh
