Allahabad High Court
Juvenile -X vs State Of U.P. And Another on 13 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:198138
Court No. - 80
Case :- CRIMINAL REVISION No. - 1504 of 2023
Revisionist :- Juvenile -X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Avinash Pandey
Counsel for Opposite Party :- G.A.,Jitendra Kumar
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of opposite party no. 2.
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 28.2.2023 passed by learned Special Judge (POCSO Act)/Upper Session Judge, Ghaziabad in Criminal Appeal No. 17 of 2023 as well as order dated 17.1.2023 passed by Juvenile Justice Board, Ghaziabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 1524 of 2022, under Sections 302, 34 IPC, Police Station Vijaynagar, District Ghaziabad.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 8 months and 2 days at the time of alleged offence. Further submitted that as per allegation in the F.I.R three persons including the present revisionist were named for causing murder of the deceased by pressing his neck and causing injury on his person. The incident was said to be seen by Shivam and Saurabh and informed to the father of the deceased who lodged the F.I.R. During the course of investigation, majeed bayan was recorded by the Investigating Officer in which the witnesses Shivam and Saurabh were also said to have caused murder of the deceased with other co-accused those were named in the F.I.R. and the source of knowledge was said to be made by one Manish who was rickshaw puller who informed the informant later on. It is also submitted that the incident took place on account of dispute which arised between the deceased and accused during the course of playing. No any weapon was used in causing injury to the deceased. During post mortem injuries were found on his neck and those were caused with any weapon and cause of death was throttling. It is next submitted that there is no evidence on record to show that the neck of the deceased was pressed by the present revisionist except the statement of Shivam and Saurabh who were subsequently impleaded as accused, therefore, their statement cannot be said to be reliable. Co-accused Sudhir has been enlarged on bail by learned Sessions Court in Criminal Appeal NO. 08 of 2023 vide order dated 27.1.2023. In this way, 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 17.11.2022 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 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 17.1.2023 and the appellate court dated 28.2.2023 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 :- 13.10.2023
A. Singh
