Allahabad High Court
Prince Kumar vs State Of U.P. And Another on 18 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141922
Court No. - 80
Case :- CRIMINAL REVISION No. - 2093 of 2023
Revisionist :- Prince Kumar
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Satya Prakash Shukla
Counsel for Opposite Party :- G.A.,Anurodh Tripathi,Jeetendra Kumar Upadhyay
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his natural guardian 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 1.4.2023 passed by learned Juvenile Court, Sonbhadra in Criminal Appeal No. 22 of 2023 (Prince Kumar Vs. State of U.P.) as well as order dated 20.3.2023 passed by Juvenile Justice Board, Sonbhadra. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case No. 19 of 2023 arising out of Case Crime No. 175 of 2022, under Sections 376, 504, 506 IPC, Police Station Karma, District Sonbhadra.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was aged about 17 years six months at the time of alleged offence. As per allegation in the F.I.R. the victim was aged about 19 years and was in affair with the delinquent as a result physical relations were established between both of them and a child was also born but the delinquent refused to marry with her as a result present F.I.R. was lodged. Further submitted that the victim was major, established physical relations with the delinquent with her consent. There was no any kind of force or pressure used on the part of the delinquent to obtain consent of the victim. It is also submitted that 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 30.12.2022 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 counsel for opposite party no. 2 as well as 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 20.3.2023 and the appellate court dated 1.4.2023 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 (natural guardian 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/natural guardian 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 thenatural guardian will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/natural guardian 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/natural guardian 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 :- 18.7.2023
A. Singh
