Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 3 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189674
Court No. - 80
Case :- CRIMINAL REVISION No. - 2643 of 2023
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Shyam Babu Vaish,Aadesh Kumar Srivastava,Ashutosh Srivastava,Ritvik Srivastava
Counsel for Opposite Party :- G.A.,Anurag Mishra
Hon'ble Subhash Chandra Sharma,J.
List has been revised. Learned counsel for the revisionist is prescient. No one is present from the side of opposite party.
Heard learned counsel for the revisionist a 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 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 judgment and order dated 21.3.2023 passed by learned Special Judge (POSCO Act), Kaushambi in Crl. Appeal No.11 of 2023 as well as order dated 31.1.2023 passed by Principal Magistrate, Juvenile Justice Board, Kaushambi. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 237 of 2022, under Sections 376 AB IPC and 5 M/6 POCSO Act, Police Station Charwa, District Kaushabmi.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years at the time of alleged incident and is languishing in Child Care Home since 9.9.2022. It is further submitted that as per allegation made in the F.I.R, the victim was aged about five years and rape was committed with her by some unknown person as a result the F.I.R was lodged against unknown person. During investigation, the name of the present revisionist was brought into light on the basis of statement made by the victim as recorded by the Investigating Officer under section 161 Cr.P.C but later on her statement was recorded by the learned Magistrate under section 164 Cr.P.C and she did not disclose the name of the revisionist as to who had committed rape with her. The revisionist was also the resident of the same village. In such a situation it cannot be said that the victim could not identify the revisionist. It is also stated that the medical report also does not indicate that the rape was committed with her. The injury found on her private part was caused some where else. The name of the present revisionist was brought into light by the Investigating Officer during investigation ignoring the statement of victim as recorded by the learned Magistrate. No any other identification parade was conducted to establish the identity of the revisionist. It is also submitted that there is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since 9.9.2022 and and his psychology is being affected adversely, therefore, requested to set aside the order 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, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 Principal Magistrate, Juvenile Justice Board dated 31.1.2023 and the appellate court dated 21.3.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal 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
G.S
