Allahabad High Court
Aky - Juvenile vs State Of U.P. And 3 Others on 11 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195669
Court No. - 80
Case :- CRIMINAL REVISION No. - 3324 of 2023
Revisionist :- Aky - Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Deepak Kumar Tripathi
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 23.5.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar in Criminal Appeal No. 21 of 2023 as well as order dated 3.5.2023 passed by Juvenile Justice Board, Sant Kabir Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 232 of 2022, under Sections 376, 504, 506, 452 IPC & Section 3/4 POCSO Act and Section 3(2)(V) S.C./S.T. Act, Police Station Belaharkala, District Sant Kabir Nagar.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years 09 months and 17 days at the time of alleged offence. Further submitted that there is allegation of committing rape against the revisionist with other co-accused persons. As per allegation made in the F.I.R. when the victim was alone at her house the revisionist and other co-accused persons committed rape with her under threat and this incident was told by her to her mother as a result F.I.R. was lodged but during her statement as recorded before the learned Magistrate under Section 164 Cr.P.C. she stated that the revisionist and other co-accused persons committed rape with her in her house when she was alone and thereafter her mother came to the house, she narrated the whole story later on, in the same night that she was taken away in Khaprail by the revisionist and other co-accused persons under threat and rape was committed again. It is also submitted that the statement made by the victim under Section 164 Cr.P.C. does not inspire confidence that when her mother was present at home the revisionist and other co-accused persons took her in Khaprail under threat and also committed rape with her. During medical examination no any internal or external injury was found on her person to suggest that rape was committed with her. It is next 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 30.10.2022 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 counsel for opposite party no. 2 as well as 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 3.5.2023 and the appellate court dated 23.5.2023 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 :- 11.10.2023/A. Singh
