Allahabad High Court
X- Minor vs State Of U.P. And Another on 3 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189271
Court No. - 80
Case :- CRIMINAL REVISION No. - 5378 of 2022
Revisionist :- X- Minor
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Geetam Singh,Ashutosh,Dharmendra Kumar Rajput
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist 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 mother with a prayer to allow this revision and set aside the judgment and order dated 22.11.2022 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Aligarh in Criminal Appeal No. 139 of 2022 as well as order dated 06.10.2022 passed by Juvenile Justice Board, Aligarh. Further prayed to release the revisionist on bail in Case Crime No. 131 of 2022 under Section 302 I.P.C., Police Station Mandrak, District Aligarh.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 13 years at the time of alleged incident. It is further submitted that as per allegation in F.I.R. during the celebration of marriage there was dispute between the deceased and the revisionist, as a result, he assaulted with scissor on the chest of the deceased causing injuries on his person. During treatment he succumbed two injuries. It is also submitted that as per D.P.O. report investigation about cause of incident was made in which it was found that the deceased was older than the revisionist and he was making assault on the revisionist and also trying to kill him by shutting his mouth, as a result, scissor which was lying on the spot was taken by the revisionist and struck on the stomach of the revisionist while causing injuries. The dispute was related to sitting on the stage of Jai Mala programme in the marriage ceremony. It shows that the revisionist caused injuries in his defence. It is also submitted that the circumstances of the case, along with report as filed by D.P.O. shows that the revisionist had no motive to cause such injuries to the deceased but it was result of sudden quarrel between both of the two.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 08.07.2022 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 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. for the State, 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 06.10.2022 and the appellate court dated 22.11.2022 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 ( mother 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/ mother 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 mother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ mother 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/ mother 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 :- 3.10.2023
Suraj Srivastav
