Allahabad High Court
Azeem vs State Of U.P. And Another on 9 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:193768
Court No. - 80
Case :- CRIMINAL REVISION No. - 2917 of 2021
Revisionist :- EX
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Amrendra Nath Rai,Manoj Kumar Mishra,Sanjay 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 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 8.9.2021 passed by learned Special Judge (POCSO Act)/Apar Sessions Judge, Court No. 8, Shahjahanpur in Criminal Appeal No. 26 of 2021 as well as order dated 5.8.2021 passed by Juvenile Justice Board, Shahjahanpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 428 of 2020, under Sections 452, 376, 504, 506 IPC & Section 3/4 POCSO Act, Police Station Nigohi, District Shahjahanpur.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile about 17 years, 2 months and 21 days at the time of alleged offence. Further submitted that F.I.R. was lodged by the mother of the victim herself after delay of three days and allegation of molestation was made and in the statement of the victim as recorded under Section 164 Cr.P.C. she made improvement in her statement and stated that the revisionist committed rape with her and was caught by her mother in the house and slapped by her father and also taken to the police station but no any such version was made by the mother of the victim in the F.I.R. In this way, the statement of the victim and allegation in the F.I.R. both are self contradictory and not reliable. There is no any injury on her persons to suggest that rape was committed her. It is also submitted that 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 12.11.2020 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 period of delinquent remained in jail, 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 5.8.2021 and the appellate court dated 8.9.2021 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 (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 themother 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 :- 9.10.2023
A. Singh
