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
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Neutral Citation No. - 2023:AHC:238485
Court No. - 80
Case :- CRIMINAL REVISION No. - 5445 of 2023
Revisionist :- X Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Surendra Kumar Chaubey,Rajesh Kumar Singh Chauhan
Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava
Hon'ble Subhash Chandra Sharma,J.
1. Counter affidavit filed in the court today is taken on record.
2. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
3. 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 03.10.2023 passed by Additional Sessions Judge/ Special Judge (POCSO Act), Amroha in Criminal Appeal No. 45 of 2023 as well as order dated 28.08.2023 passed by Juvenile Justice Board, Amroha . Further prayed to release the revisionist on bail in Case Crime No. 155 of 2023 under Section 376 I.P.C. Section 3/4 of the Protection of Children from Sexual Offences, Act, 2012, Police Station Rajabpur, District Amroha.
4. 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 allegation in the FIR, the victim was aged about 14 years and was married to the revisionist by the inmates of both the parties which was child marriage and information in this regard was given to C.W.C. as a result present FIR was lodged under Section 3/10 of Child Marriage Restraint Act, 2006. Since, after performing the marriage, the victim went to her marital house where physical relations were established by the present revisionist and that was the reason, Section 376 I.P.C. was also added during the course of investing against all the members of the family of the revisionist which can never be possible and natural. It is also submitted that no any such allegation was made in the FIR and marriage was also performed in presence of members of both the parties. Therefore, it cannot be said that she was taken by force in the house of the revisionist and then physical relations were established. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
5. 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 26.07.2023 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.
6. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the victim was minor at the time of alleged incident and she was taken by the revisionist to his house after their marriage and physical relations were established, that amounts to rape because the victim was minor at the time of alleged incident. 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.
7. 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.
8. Accordingly, the orders passed by Juvenile Justice Board dated 28.08.2023 and the appellate court dated 03.10.2023 are, hereby, set aside and present criminal revision is hereby, allowed.
9. 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
