Allahabad High Court
X- Minor 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:239042
Court No. - 80
Case :- CRIMINAL REVISION No. - 5785 of 2023
Revisionist :- X- Minor
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Rajeev Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
2. The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 09.10.2023 passed by learned Special Judge, POCSO Act, Azamgarh, in Criminal Appeal No. 46 of 2023 as well as order dated 03.07.2023 passed by Juvenile Justice Board, Azamgarh. Further prayed to release the revisionist on bail in Case Crime No. 127 of 2023, under Section 376D, 354, 504, 506 I.P.C. & 5/6 POCSO Act, Police Station Nizamabad, District Azamgarh.
3. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that as per the allegation in the FIR, incident took place on 22.03.2023 in which the victim was molested by the revisionist, but during course of investigation, allegation of rape was also made by the victim against the revisionist which is an improvement. In the FIR, only the victim was said to have gone for natural call and incident took place with her but during investigation, new facts were also brought into light that the victim was followed with other girl, namely, Kajal, who was caught held up by the co-accused, though, this fact was not disclosed in the FIR. It is also submitted that during medical examination, only fresh injury has been shown to be found on the part of victim, but on the basis of the injury, it cannot be said that the revisionist committed rape with the victim by using force or violence or against her will. It is also submitted that the statement of the victim recorded under Section 164 Cr.P.C. before learned Magistrate discloses that there was quarrel between family members of both the parties relating to some land, twenty days prior to the incident. This was the reason, present false FIR has been lodged against the revisionist and other members of his family. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
4. 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 31.03.2023 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.
5. Learned A.G.A. opposed the prayer as aforesaid. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
6. 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, the time delinquent remained in Child Care Home, 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.
7. Accordingly, the orders passed by Juvenile Justice Board dated 03.07.2023 and the appellate court dated 09.10.2023 are, hereby, set aside and present criminal revision is hereby, allowed.
8. It is directed that delinquent/applicant be released on bail on executing person bond by the revisionist ( mother 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/ mother 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 mother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ mother 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/ mother 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
Anjali
