Allahabad High Court
X (Juvenile) vs State Of U.P. And Another on 26 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:149408
Court No. - 80
Case :- CRIMINAL REVISION No. - 3563 of 2022
Revisionist :- X (Juvenile)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Kuldeep Johri,Ramesh Kumar Pandey
Counsel for Opposite Party :- G.A.,Ashish Chitranshi
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Ramesh Kumar Pandey learned counsel for the revisionist, Sri Ashish Chitranshi 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 natural guardian with a prayer to allow this revision and set aside the judgment and order dated 22.06.2022 passed by learned Additional Sessions Judge, Shahjahanpur in Criminal Appeal No. 56 of 2022 as well as order dated 04.06.2022 passed by Juvenile Justice Board, Shahjahanpur. Further prayed to release the revisionist on bail in Case Crime No. 27 of 2022 under Section 376D I.P.C. and Section 5/6 POCSO Act, Police Station Kalan, District Shahjahanpur.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years 1 month and 24 days. As per version in the F.I.R. rape was committed by the present delinquent to the victim aged about 16 years with other co-accused Arjun who acted as watchman outside the tin shed where incident was said to have taken place. It is further submitted that no any sign of sexual assault was found during medical examination which was done on the person of the victim by the doctor. There is no any other pathological report to show that rape was committed with her except the statement of the victim. It is further submitted that there is no any other evidence on record to show the complicity of the present delinquent in committing rape with the victim. 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 04.03.2022 i.e. more than one year 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 victim herself stated before the learned Magistrate that rape was committed by the present delinquent and other co-accused who acted as a watchman. The statement made by the victim cannot be said to be false but it is natural, therefore, 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 as well as learned A.G.A. for the State, 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 04.06.2022 and the appellate court dated 22.06.2022 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 ( 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 the natural 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 :- 26.7.2023
Suraj Srivastav
