Allahabad High Court
Kishore Apchari/Vidhi Virodhi Balak X vs State Of U.P. And 3 Others on 1 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:227134
Court No. - 80
Case :- CRIMINAL REVISION No. - 5181 of 2023
Revisionist :- Kishore Apchari/Vidhi Virodhi Balak X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Babu Ram Yadav,Sameer Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed today by learned counsel for the revisionist is taken on record.
Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his brother 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 judgment and order dated 5.8.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No. 3, Ghaziabad in Criminal Appeal No. 112 of 2023 as well as order dated 15.6.2023 passed by Juvenile Justice Board, Ghaziabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 133 of 2023, under Sections 377, 323, 504, 506 IPC & Section 5/6 POCSO Act, Police Station Masuri, District Ghaziabad.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 1 month and 13 days at the time of alleged offence. As per allegation in the F.I.R. sodomy was committed by the revisionist with the victim aged about 8 years but during medical examination no any injury internal or external was found on his person to show that sodomy was committed with him. There is no any material on record to show that such act was done by the revisionist except statement of the victim. There is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 21.3.2023 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. opposed the aforesaid prayer.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 15.6.2023 and the appellate court dated 5.8.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal 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 :- 1.12.2023/A. Singh
