Allahabad High Court
X (Minor) 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:170961
Court No. - 80
Case :- CRIMINAL REVISION No. - 470 of 2023
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Ajit Kumar,Ajeet Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 03.01.2023 passed by learned Additional District & Session Judge/Special Judge (POCSO Act), Court No. 2, Aligarh in Criminal Appeal No. 163 of 2022 as well as order dated 07.12.2022 passed by Juvenile Justice Board, Aligarh. Further prayed to release the revisionist on bail in Case Crime No. 287 of 2022, under Sections 376, 506 IPC, and 3/4 POCSO Act, Police Station Delhi Gate, District Aligarh.
It is submitted by learned counsel for the revisionist that in this case the revisionist was aged about 15 years at the time of alleged incident. It is further submitted that he is in child care home since 16.09.2022 i.e. about one year. It is further submitted that as per allegation in the F.I.R. rape was committed by revisionist with victim six months prior to lodging the F.I.R., as a result of which she became pregnant, but no any such complaint regarding rape or pregnancy was either made by her father or to any other person. It is further submitted that no any medical examination of the alleged victim was done. It is also submitted that revisionist did not commit any rape with the victim. In this regard he moved the application before the learned Court concerned to take the DNA test done, but it was rejected by the learned court, in this way it cannot be said that the pregnancy was caused by the present revisionist. There is no any material on record, which could show that the revisionist has committed rape with the victim, as a result of which she became pregnant, except her statement, in this way also it cannot be said that rape was committed by him. It is further submitted that there is nothing adverse against the interest of the revisionist in the report submitted by D.P.O.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 16.09.2022 i.e. about one year and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. opposed the prayer as aforesaid and submits that the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A. for the State, the time revisionist remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 07.12.2022 and the appellate court dated 03.01.2023 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail 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 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
Vikram
