Allahabad High Court
Juvenile -X vs State Of U.P. And Another on 10 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194941
Court No. - 80
Case :- CRIMINAL REVISION No. - 4654 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ram Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed by learned counsel for the revisionist is taken on record.
Heard learned counsel for the revisionist and learned AGA for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 22.06.2023 passed by learned Special Judge (POCSO Act)/ Additional Sessions Judge, Court No.25, Kanpur Nagar in Criminal Appeal No. 63 of 2023 as well as order dated 03.05.2023 passed by Juvenile Justice Board, Kanpur Nagar. Further prayed to release the revisionist on bail in Case Crime No. 61 of 2023 under Sections 363, 368 I.P.C., Police Station Naubasta, District Kanpur Nagar.
It is submitted by learned counsel for the revisionist that in this case, the revisionist is aged about 15 years and is in Child Care Home since 14.02.2023. He was not named in the FIR but his name was brought into light in the statement of the victim recorded before the learned Magistrate under section 164 Cr.P.C.. In her statement, the victim disclosed that at the time of the incident, she was about 17 years and her father was a habitual drunkard. On account of this fact, she left her house and called for help from the revisionist and the other co-accused Mohit who kept her in the house of one Imran Khan from 26.01.2023 to 12.02.2023. In the meantime, she was caught by the police. She further stated that no wrongful act was committed with her by the present revisionist. This shows that the revisionist is innocent and has committed no offence. 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 and even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts and rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. The revisionist is in Child Care Home since 14.02.2023 i.e. more than seven months and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the Juvenile Justice Board as well as the 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. 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 the learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 03.05.2023 and the appellate court dated 22.06.2023 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 (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 father 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 :- 10.10.2023
Madhurima
