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
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Neutral Citation No. - 2023:AHC:170480
Court No. - 80
Case :- CRIMINAL REVISION No. - 4080 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Shailendra Kumar Gupta
Counsel for Opposite Party :- G.A.,Dharmendra Kumar Pandey
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as 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 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 08.07.2022 passed by Juvenile Court/Additional Session Judge/Special Judge POCSO Act, Mirzapur in Criminal Appeal No.34 of 2022 (Mahesh Sahani through his Natural Guardian vs. State of U.P.) as well as order dated 19.05.2022 passed by Court of Juvenile Justice Board, Mirzapur arising out of Case Crime No.0038 of 2022, under Sections 363, 366, 376(3) I.P.C. alongwith Section 3 & 4(2) of the POCSO Act, Police Station Kotwali Shahar, 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 17 years and was juvenile at the time of alleged incident. As per allegation in F.I.R. the victim was enticed away by the present delinquent. It is further submitted that in her statement recorded u/s 161, she admitted that the fact she went with the delinquent to Varanasi and wandered here and there for a period of four days and stayed in B.H.U. hospital in the night, thereafter, she came back to Mirzapur but no physical relation was established with her. Even in her statement u/s 164 Cr.P.C. before the Magistrate, she admitted that she was acquainted with the delinquent one year prior to the alleged incident and both were in love affair. In the meantime, the delinquent threatened her to commit suicide that was the reason she went with him to Varanasi by bus then to Allahabad and then to Shaktinagar where she stayed in the house of Mausi of the delinquent for one day where rape was committed with her. It shows that the victim herself was volunteer and the allegation of rape in the house of mausi of the delinquent cannot be said to be reliable because she never complained about this fact to his mausi but after making improvement this statement was made under pressure of her parents. 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 29.03.2022 (i.e. about one and a half 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.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid.
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 made by the victim u/s 164 Cr.P.C. before the learned Magistrate 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.
Accordingly, the orders passed by Juvenile Justice Board dated 19.05.2022 and the appellate court dated 08.07.2022 are, 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 (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 :- 24.8.2023
Ashok Gupta
