Allahabad High Court
X (Minor) vs State Of U.P. And 3 Other on 16 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:199639
Court No. - 80
Case :- CRIMINAL REVISION No. - 454 of 2023
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Other
Counsel for Revisionist :- Akash Tomar,Naveen Kumar Yadav,Saurabh Yadav
Counsel for Opposite Party :- G.A.,Amit Rana
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his maternal uncle with a prayer to allow this revision and set aside the judgment and order dated 09.12.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Meerut in Criminal Appeal No. 183 of 2022 as well as order dated 18.11.2022 passed by Juvenile Justice Board, Meerut. Further prayed to release the revisionist on bail in Case Crime No. 413 of 2022 under Sections 363 and 376 I.P.C. and 3/4 of POCSO Act, 2012, Police Station Partapur, District Meerut.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that she was in relation with the revisionist and went with him to Rishikesh then to Kedarnath where they lived in temple for three days and then went for Dharamshala where they lived for two days and again in a temple where they lived for two days. Physical relations were also established between both of them and there was promise of marriage between both of them. No any force or violence was used by the revisionist against her. She was volunteer and willy. It is also submitted that she was brought from Kedarnath by father of the revisionist and the police. It also shows her willingness. 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 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 22.09.2022 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.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid. and contended that in this case the victim was minor and she was enticed away by the child himself against her will and physical relations were also established, therefore, he cannot be said to be entitled for bail and revision being devoid of merit is liable to be dismissed.
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, 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.
Accordingly, the orders passed by Juvenile Justice Board dated 18.11.2022 and the appellate court dated 09.12.2022 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 ( maternal uncle 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/ maternal uncle 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 maternal uncle will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ maternal uncle 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/ maternal uncle 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 :- 16.10.2023
Suraj Srivastav
