Allahabad High Court
X(Juvenile) vs State Of U.P. And Another on 19 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:143532
Court No. - 80
Case :- CRIMINAL REVISION No. - 2032 of 2022
Revisionist :- X(Juvenile)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Rajkishore Singh
Counsel for Opposite Party :- G.A.,Rajiv Kumar Tripathi
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, Sri Rajiv Kumar Tripathi learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 26.04.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Banda in Criminal Appeal No. 19 of 2022 as well as order dated 11.03.2022 passed by Juvenile Justice Board, Banda. Further prayed to release the revisionist on bail in Case Crime No. 31 of 2021 under Section 363, 366, 376 I.P.C. and 3/4 of POCSO Act, 2012, Police Station Kamasin, District Banda.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years and 10 months. It is further submitted that the victim said to be minor and was enticed away by the present delinquent who was in affair and went with the delinquent to Jalandhar and entered into marriage, there they lived for a period of five months. When they came back to Banda she was taken into custody by the police. It is further submitted that no any force or violence was used by the delinquent in taking away the victim who was volunteer. It is further submitted that even in statement as recorded by the learned Magistrate the victim had not made any allegation of rape but later on in Mazeed Bayan such allegation was also taken by the I.O. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
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 05.12.2021 i.e. more than one and a half years 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.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that in this case, the delinquent got the date of birth of the victim changed and also got Aadhar card prepared and entered into marriage with the victim. A writ petition was also filed before this Court showing her age to be major, in this way he concealed the real facts in the writ petition even though he has been declared to be juvenile by the learned J.J. Board but could not show that the order of juvenility as passed by the learned J.J. Board as being challenged either before the appellate court or before the J.J. Board. 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.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties, 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.
Accordingly, the orders passed by Juvenile Justice Board dated 11.03.2022 and the appellate court dated 26.04.2022 are, hereby, set aside and present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing person 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 thefather 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 :- 19.7.2023
Suraj Srivastav
