Allahabad High Court
X- Minor vs State Of U.P. And Another on 28 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172790
Court No. - 80
Case :- CRIMINAL REVISION No. - 2327 of 2023
Revisionist :- X- Minor
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- P.K. Singh,Arvind
Counsel for Opposite Party :- G.A.,Jeetendra Kumar Yadav
Hon'ble Subhash Chandra Sharma,J.
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 hisbrother with a prayer to allow this revision and set aside the judgment and order dated 15.11.2022 passed by learned Additional District & Sessions Judge/ Additional Special Judge (POCSO Act), Allahabad in Criminal Appeal No. 197 of 2022 as well as order dated 01.10.2022 passed by Juvenile Justice Board,Allahabad. Further prayed to release the revisionist on bail in Case Crime No. 128 of 2022 under Section 376 I.P.C. 1860 and Section 3(2)(5) of S.C./S.T. Act, Police Station Soraon, District Prayagraj.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident. It is further submitted that occurrence is said to have taken place on 20.03.2022 but no any injury either external or internal was found on the person suggesting commission of rape with her. Even in pathological report no presence of any semen was found to show the commission of rape. The victim was also aged about 18 years at the time of alleged incident. There is no any other material on record to show that the revisionist committed rape with 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 22.03.2022 i.e. more than 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and vehemently urged that as per allegation in F.I.R. and the statement made by the victim herself before the learned Magistrate under Section 164 Cr.P.C. rape was committed with her, therefore, he cannot be said to be entitled for bail.
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, 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 01.10.2022 and the appellate court dated 15.11.2022 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 (brother 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/ brother 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 thebrother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ brother 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/ brother 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 :- 28.8.2023
Suraj Srivastav
