Allahabad High Court
Juvenile (X) vs State Of U.P. And 3 Others on 20 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:240829
Court No. - 80
Case :- CRIMINAL REVISION No. - 5932 of 2023
Revisionist :- Juvenile (X)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sonu Kumar Tiwari
Counsel for Opposite Party :- G.A.,Rakesh Kumar Maurya
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of opposite party
Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his father 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 17.10.2023 passed by learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Aligarh in Criminal Appeal No. 156 of 2023 as well as order dated 6.9.2023 passed by Juvenile Justice Board, Aligarh. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 141 of 2023, under Sections 376(3), 452, 323 IPC & Section 3/4 POCSO Act, Police Station Harduaganj, District Aligarh.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years and 7 months at the time of alleged offence. The victim also aged about 19 years and was in relation with the revisionist three years prior to the alleged incident. Both of them loved each other and physical relations were also established but when the revisionist refused for marriage with the victim, present F.I.R. was lodged with false allegation. The statement of the victim was recorded before the learned Magistrate under Section 164 Cr.P.C. in which she admitted the fact that she loved the revisionist, it shows that she was volunteer and willing. No force or violence was used by the revisionist with the victim. There is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 29.4.2023 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. opposed the aforesaid prayer.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 6.9.2023 and the appellate court dated 17.10.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal 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 :- 20.12.2023
A. Singh
