Allahabad High Court
Juvenile -X vs State Of U.P. And 3 Others on 28 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:152265
Court No. - 80
Case :- CRIMINAL REVISION No. - 5303 of 2022
Revisionist :- Juvenile -X
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Mahendra Singh
Counsel for Opposite Party :- G.A.,Ram Tiwari
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned 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 24.11.2022 passed by Special Judge (POCSO Act), District Sambhal at Chandausi in Criminal Appeal No.28 of 2022 (Juvenile X vs. State) and order dated 12.09.2022 passed by Juvenile Justice Board, Sambhal in Criminal Appeal No.28 of 2022 (State vs. Sumit) arising out of Case Crime No.104 of 2022, under Sections 363, 366, 376 I.P.C. & Section 3/4 POCSO Act, Police Station Asmoli, District Sambhal 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 14 years, 9 months and was juvenile at the time of alleged incident in which the victim was aged about 16 years and said to be enticed away by the present delinquent. Further submitted that in her statement recorded u/s 164 Cr.P.C. before the learned Magistrate, she clearly stated that she was taken to Chandigarh where both of them lived and physical relations was also established between both of them which shows that she voluntarily went away with 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 19.05.2022 (i.e. more than on year) 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that the victim was not in relation with the present delinquent.
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 statement of the victim recorded before the Magistrate and the period present 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 12.09.2022 and the appellate court dated 24.11.2022 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 :- 28.7.2023
Ashok Gupta
