Allahabad High Court
X vs State Of U.P. And Another on 25 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:148651
Court No. - 80
Case :- CRIMINAL REVISION No. - 2064 of 2021
Revisionist :- X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Avanish Chandra Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of the opposite party even in the revised call.
Heard 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 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 impugned judgment and order dated 05.04.2021 passed by learned Additional District Judge/Special Judge (POCSO Act), Jhansi in Criminal Appeal No.20/2021 as well as order dated 10.03.2021 passed by learned Juvenile Justice Board, Jhansi in Case Crime No.448 of 2019, u/s 363, 366, 376 I.P.C. & Section 3(2)5 SC/ST 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 17 years, 5 months at the time of alleged incident. Further submitted that as per version in F.I.R. the victim was enticed away by the present delinquent and she was got married. It is further submitted that the victim went with the delinquent voluntarily without any use of force or violence against her. As per the statement of the victim as recorded by the learned Magistrate u/s 164 Cr.P.C., she specifically stated that she went with the delinquent voluntarily and no any rape was committed with her by him. She also refused to go with her own parents which shows that she was volunteer and was not compelled by use of force by the delinquent. 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 19.12.2020 (i.e. more than two and a half years) 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 confessional statement of other co-accused persons and the role of the present delinquent, 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 10.03.2021 and the appellate court dated 05.04.2021 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 :- 25.7.2023
Ashok Gupta
