Allahabad High Court
''X ''Juvenile (Minor) 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:188764
Court No. - 80
Case :- CRIMINAL REVISION No. - 3403 of 2023
Revisionist :- ''X ''Juvenile (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Rajesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned A.G.A. for State and perused the 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 judgment and order dated 3.3.2023 passed by learned Additional District & Sessions Judge/Juvenile Court/Special Judge (POCSO Act), Court No. 1, Kushinagar at Padrauna in Criminal Appeal No. 33 of 2022 as well as order dated 29.11.2022 passed by Juvenile Justice Board, Kushinagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 125 of 2021, under Sections 376-D, 147, 323, 504, 506, 34 IPC & Section 67 I.T. Act and Section 5/6 POCSO Act and Section 3(2)V S.C./S.T. Act, Police Station Vishunpura, District Kushinagar.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years at the time of alleged offence. Further submitted that there is general allegation of committing rape with the victim by seven persons including present revisionist out of which co-accused Isha who was major has been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 42546 of 2021 vide order dated 21.9.2023. It is also submitted that the revisionist is suffering from tuberculosis. Incident is said to have been committed on 30.5.2021 but F.I.R. was lodged after delay of 9 days on 8.6.2021 without any explanation thereto. Even during medical examination, no any injury was found to show that gang rape was committed with her by several persons. There is nothing on record to show the complicity of present delinquent. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 09.06.2021 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 aforesaid prayer.
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 Juvenile Justice Board dated29.11.2022 and the appellate court dated3.3.2023 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 (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 revisionist/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 revisionist/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 revisionist/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 :- 3.10.2023
A. Singh
