Allahabad High Court
X- Minor vs State Of U.P. And Another on 6 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:192438
Court No. - 80
Case :- CRIMINAL REVISION No. - 250 of 2023
Revisionist :- X- Minor
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Sanjay Kumar Dubey,Padmakar Rai
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed on behalf of learned counsel for the opposite party is taken on record.
Heard Sri Ashwani Kumar Mishra Advocate, holding brief of Sri Sanjay Kumar Dubey 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 natural guardian with a prayer to allow this revision and set aside the judgment and order dated 29.07.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Gorakhpur in Criminal Appeal No. 78 of 2022 as well as order dated 06.06.2022 passed by Juvenile Justice Board,Gorakhpur. Further prayed to release the revisionist on bail in Case Crime No. 317 of 2021 under Section 376 AB I.P.C. and Section 5M/6 of POCSO Act and Section 3(2)(v) of S.C./S.T. Act, Police Station Badhalganj, DistrictGorakhpur.
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. he committed rape with the victim of tender age but during the course of inquiry statement of the informant and the victim has already been recorded in which she clearly stated that the revisionist and the victim both were playing. In the mean time, she fell that was the reason she sustained injuries but the revisionist did not commit rape with her and no any word relating to her caste was used by him. In this way, the F.I.R. lodged by the mother of the victim was only on the ground of suspicion and no any such act was done by the revisionist with the victim. 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 09.12.2021 i.e. more than one and a half 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 06.06.2022 and the appellate court dated 29.07.2022 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 (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 :- 6.10.2023
Suraj Srivastav
