Allahabad High Court
Juvenile -X 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:238459
Court No. - 80
Case :- CRIMINAL REVISION No. - 5684 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Dinesh Kumar Yadav,Atmaram Nadiwal
Counsel for Opposite Party :- G.A.,Mamta Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, Smt Mamta Singh appearing for C.W.C. and Legal Services Authority 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 06.10.2023 passed by learned Additional Sessions Judge, Mau in Criminal Appeal No. 58 of 2023 as well as order dated 18.08.2023 passed by Juvenile Justice Board, Mau. Further prayed to release the revisionist on bail in Case Crime No. 115 of 2023 under Section 377 I.P.C. and 5M/6 POCSO Act, Police Station Doharighat, District Mau.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 at the time of alleged incident. It is further submitted that sodomy was committed with the victim of tender age by the revisionist. It is further submitted that there is no any material on record to show that sodomy was committed with him by the revisionist but on account of village rivalry he has been implicated in this case though injury may have been sustained somewhere else. 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 06.06.2023 i.e. more than six 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.
Smt Mamta Singh appearing for C.W.C. and Legal Services Authority as well as learned A.G.A. opposed the prayer as aforesaid.
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 18.08.2023 and the appellate court dated 06.10.2023 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 :- 16.12.2023
Suraj Srivastav
