Allahabad High Court
X- Minor vs State Of U.P. And 3 Others on 12 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:197979
Court No. - 80
Case :- CRIMINAL REVISION No. - 2557 of 2023
Revisionist :- X- Minor
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Anwar Hussain,Satendra Tirpathi
Counsel for Opposite Party :- G.A.,Vijay Tripathi
Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist, learned counsel for opposite party as well as learned A.G.A. for the State and perused the record.
2. The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 02.03.2023 passed by learned Additional District and Sessions Judge/ Additional Special Judge, (POCSO Act), Firozabad in Criminal Appeal No. 13 of 2023 as well as order dated 06.02.2023 passed by Juvenile Justice Board, Firozabad. Further prayed to release the revisionist on bail in Case Crime No. 319 of 2022 under Section 377 I.P.C. and 5/6 of POCSO Act, Police Station Eka, District Firozabad.
3. 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 the allegation in the FIR, the revisionist committed sodomy with a child of his neighbourhood. It is further submitted that no sodomy was committed by the revisionist, but on account of village rivalry, the revisionist has been named in the FIR. The injuries found on the person of the injured were caused somewhere else but FIR was lodged against the revisionist with false allegations only on the basis of suspicion. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O. The inquiry before the learned J.J. Board is going on, but it is not likely to be concluded in near future.
4. 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 13.10.2022 i.e. more than one 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.
5. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, as per material on record, sodomy was committed by the revisionist with a child and the allegation is corroborated with the medical report. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
6. Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, 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.
7. Accordingly, the orders passed by Juvenile Justice Board dated 06.02.2023 and the appellate court dated 02.03.2023 are, hereby, set aside and present criminal revision is hereby, allowed.
8. It is directed that delinquent/applicant be released on bail on executing person 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 :- 12.10.2023
Anjali
