Meera vs State Of U.P. And 3 Others
2023 Latest Caselaw 35146 ALL

Allahabad High Court

Meera vs State Of U.P. And 3 Others on 14 December, 2023

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:236631
 
Court No. - 80
 

 
Case :- CRIMINAL REVISION No. - 1276 of 2023
 

 
Revisionist :- Meera
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Revisionist :- Anil Kumar
 
Counsel for Opposite Party :- G.A.,Ram Raj Prajapati
 

 
Hon'ble Subhash Chandra Sharma,J.
 

Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A. for State and perused the record.

The present criminal revision has been preferred by the revisionist 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 30.7.2022 passed by Principal Magistrate Juvenile Justice Board, Hamirpur in Criminal Case No. 170 of 2011, Case Crime No. 875 of 2011, under Section 377 IPC, Police Station Sumerpur, District Hamirpur.

It is submitted by learned counsel for the revisionist that in this case, sodomy was committed by the opposite party no. 2 with the victim who was son of the revisionist, aged about 8 years. There was sufficient evidence on record on the basis of which conviction was held by learned J.J. Board under Section 377 IPC vide order dated 30.7.2022 but released the opposite party no. 2 on probation for a period of two years which cannot be said to be lawful but the opposite party no. 2 is liable to be awarded the sentence for the offence committed by him.

Learned counsel for opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that the incident took place in the year 2011 and order was passed in the year 2022. The opposite party no. 2 was aged about 16 years at the time of commission of offence and at the time of judgment, he was aged about 26 years. Considering all the facts and circumstances of the case, learned J.J. Board without awarding sentence to the opposite party no. 2 extended the benefit of probation and released him in view of Section 18 (1)(f) of the J.J. Act for keeping good conduct for a period of two years which is lawful and cannot be said to be against the provisions of law but this revision being devoid of merit, is liable to be dismissed.

On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of order passed by learned J.J. Board on 30.7.2022 for release of the opposite party no. 2 on probation for keeping good conduct for a period of two years, this Court is of the view that Section 18(1)(f) of the Act directs the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years and the learned Board has passed the order for release of the opposite party no. 2 for keeping good conduct for a period of two years on executing of P.B. and two sureties each in the like amount of Rs. 20,000/- before the Probation Officer which is adequate and is in conformity with law, there appears no any illegality in the order passed by learned J.J. Board.

Accordingly, the present revision is dismissed.

Order Date :- 14.12.2023

A. Singh