Allahabad High Court
X (Minor) vs State Of U.P. And 3 Others on 25 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:171707
Court No. - 80
Case :- CRIMINAL REVISION No. - 1957 of 2023
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sapan Kumar Singh
Counsel for Opposite Party :- G.A.,Ashwani Kumar Pathak
Hon'ble Subhash Chandra Sharma,J.
Counter affidavit filed by learned counsel for the opposite party is taken on record.
Heard learned counsel for the revisionist, learned counsel for the opposite party 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 20.03.2023 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Gorakhpur in Criminal Appeal No. 19 of 2023 as well as order dated 04.02.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to release the revisionist on bail in Case Crime No. 429 of 2022 under Section 363, 376 of the I.P.C. and 5/6 of POCSO Act, Police Station Gagaha, District Gorakhpur.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that the victim who was also aged about 14 years went with the delinquent voluntarily on 25.08.2022 regarding which an F.I.R. was lodged against unknown person by the mother of the victim on the basis of mobile phone of the delinquent. It is further submitted that the victim herself went with him to Sahejnawa, Khalilabad, Delhi and then to Ahemdabad and at the time of coming back from there to Gorakhpur both were caught by the police. It is also submitted that the statement of the victim was recorded by the learned Magistrate under Section 164 Cr.P.C. in which she admitted the fact that she was in relation with the delinquent three to four months prior to the alleged incident and on 25.08.2022 at about 4 'o' clock she went with him though added that she did so in threat though there was no any threat given by the delinquent to the victim.
It is also submitted that the victim also admitted that she was taken to Sahejnawa and then Khalilabad then Delhi and then to Ahemdabad and came back to Gorakhpur where both of them were arrested but in the course of journey to such places no any hue and cry was made by the victim which infers her willingness. Physical relations were also established by the delinquent with the victim though under influence of intoxicant. It is also submitted that she made her statement before the Doctor at the time of medical examination that she went with the delinquent to Sahejnawa and then to aforesaid places but no any statement regarding use of force or intoxicant was made by her. It is further submitted that there is nothing adverse against the interest of the delinquent 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 15.10.2022 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that the delinquent enticed away the minor girl and established physical relations with her, as a result, she became pregnant, therefore he cannot be said to be entitled for bail. In this regard, 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 both the parties as well as learned A.G.A. for the State, age of both the parties, 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 04.02.2023 and the appellate court dated 20.03.2023 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 :- 25.8.2023
Suraj Srivastav
