Allahabad High Court
Nikhil Singh Parihar vs State Of U.P.And Another on 14 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:140014
Court No. - 80
Case :- CRIMINAL REVISION No. - 1667 of 2021
Revisionist :- Nikhil Singh Parihar
Opposite Party :- State Of U.P.And Another
Counsel for Revisionist :- Hare Krishna Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
In Ref:- Criminal Misc. Amendent Application No.4 of 2023
Notice to opposite party no.2 has been served.
Learned counsel for the revisionist is to amend the name of juvenile in the memo of revision during the course of the day.
Accordingly, the amendent application dated 08.05.2023 is, hereby, allowed.
Order on Criminal Revision
Heard Sri Hare Krishna Tripathi, learned counsel for the revisionist and A.G.A. for the State and perused the material on record.
The present criminal revision has been preferred by the revisionist through his mother 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 impugned judgment and order dated 12.01.2021 passed by Additional Session Judge/Special Judge, POCSO Act, Jhansi in Criminal Appeal No.01 of 2021 (Nikhil Singh Parihar vs. State of U.P.) as well as order dated 09.12.2020 passed by Principal Judge, Juvenile Justice Board, Jhansi in Case Crime No.73 of 2020, under Sections 376, 506 I.P.C. & Section 5/6 POCSO Act, Police Station Prem Nagar, District Jhansi and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 15 years, 11 months, 8 days at the time of alleged incident. Further submitted that as per allegation in F.I.R. the delinquent was in relation with the victim five months prior to the alleged incident in which she became pregnant. Further submitted that there is nothing on record to show that the child in the uterus was conceived as a result of relation by the present delinquent with the victim. It is also submitted that no any external or internal injury was found on the person of the victim during medical examination which shows that no rape was committed by the delinquent with the victim on the date occurrence is said to have taken place. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 21.03.2020 and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
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., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer and the medical exmination report of the victim and the period delinquent remained in child care home, 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 09.12.2020 and the appellate court dated 12.01.2021 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 14.7.2023
Ashok Gupta
