Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 16 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:238429
Court No. - 80
Case :- CRIMINAL REVISION No. - 5609 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Ajay Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist 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 natural guardian with a prayer to allow this revision and set aside the judgment and order dated 28.09.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Gorakhpur in Criminal Appeal No. 154 of 2023 as well as order dated 08.08.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to release the revisionist on bail in Case Crime No. 21 of 2023 under Section 342, 363, 366, 376, 504, 506 I.P.C. & 3/4 POCSO Act, Police Station Campierganj, District Gorakhpur.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 at the time of alleged incident. It is further submitted that as per allegation in F.I.R. incident is said to have taken place on 21.10.2022 and F.I.R. was lodged on 14.01.2023. It is also submitted that in F.I.R. it has been stated by the victim herself that she was 18 at the time of alleged incident and was studying in B.A. There was conversation between both of them and she was taken by the revisionist with other co-accused person to a temple where in presence of Pandit marriage was performed and then court marriage was also tried to be done and her signature on several places were also there. While returning from there, physical relations were established by force by the present revisionist and other co-accused persons with her at the point of gun and she was also threatened. It shows that she was volunteer and willy and no any such incident took place between both of them. It is also submitted that the revisionist was in Bombay at the time of alleged incident, therefore his involvement cannot be said to be true. There is no any other evidence on record to show that such incident took place and the revisionist was involved in it. 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 29.03.2023 i.e. more than eight months 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 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. for the State, 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 08.08.2023 and the appellate court dated 28.09.2023 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 (natural guardian 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/ natural guardian 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 natural guardian will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ natural guardian 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/ natural guardian 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 :- 16.12.2023/ Suraj Srivastav
