Allahabad High Court
X vs State Of U.P. And 3 Others on 25 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172205
Court No. - 80
Case :- CRIMINAL REVISION No. - 2616 of 2022
Revisionist :- X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Harish Chandra Yadav,Dinesh Singh,Lallu Singh,Saroj Kumar Rajpoot
Counsel for Opposite Party :- G.A.,Suresh Singh
Hon'ble Subhash Chandra Sharma,J.
Learned counsel for the revisionist is permitted to correct the relevant section in the memo of revision during the course of the day.
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 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 30.05.2022 passed by ADJ/Special Judge (POCSO Act) Fatehpur in Criminal Appeal No.09/2022 as Case Crime No.173/2021 under Sections 352, 504, 376(3) I.P.C. & Section 3/4 POCSO Act, Police Station Thriyav, District Fatehpur and also prays to stay the impugned judgment and order of the aforesaid case, otherwise revisinoist shall suffer irreparable loss and injury.
It is submitted that in this case the delinquent/applicant was aged about 14 years and was juvenile at the time of alleged incident. Further submitted that victim was aged about 16 years and in F.I.R. allegation of rape was made against the delinquent by her but during medical examination no any injury was found on her person. There is no any material on record to support the allegation of rape made by the victim except her statement. It is also submitted that due to village rivalry he has been roped in this case. 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 04.08.2022 (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.
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 medical 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.
Accordingly, the orders passed by the Juvenile Justice Board dated 21.01.2022 and appellate court dated 30.05.2022 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 (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 :- 25.8.2023
Ashok Gupta
