Allahabad High Court
Xx(Juvenile) vs State Of U.P. And Another on 4 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189917
Court No. - 80
Case :- CRIMINAL REVISION No. - 2200 of 2021
Revisionist :- Xx(Juvenile)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Sunil Kumar Tiwari,Arjun Singh Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Learned counsel for revisionist is directed to correct the provisions of Act under which this revision has been filed during the course of the day.
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 natural guardian 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 30.7.2021 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Shamli in Criminal Appeal No. 13 of 2021 as well as order dated 17.6.2021 passed by Juvenile Justice Board, Shamli. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case No. 11/12A of 2021 arising out of Case Crime No. 79 of 2021, under Section 377 IPC & Section 5(da)/6 POCSO Act, Police Station Kairana, District Shamli.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years 9 months and 16 days at the time of alleged offence. Further submitted that as per allegation in the F.I.R. the revisionist committed sodomy with the victim who was tender age but no any injury was found on his person during medical examination to suggest that sodomy was committed by him. The D.N.A. report is also on record which shows that no any definite opinion of the expert regarding sodomy committed by the present revisionist with the victim. It is also submitted that except complainant, other witnesses have turned hostile. 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 15.2.2021 i.e. more than two and half years 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 dated 17.6.2021 and the appellate court dated 30.7.2021 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 (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 thenatural 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 :- 4.10.2023
A. Singh
