Allahabad High Court
X ( Juvenile ) vs State Of U.P. And Another on 16 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:199827
Court No. - 80
Case :- CRIMINAL REVISION No. - 2897 of 2023
Revisionist :- X ( Juvenile )
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- S.K. Srivastava,K.K.Rao,Pradeep Kumar Srinette
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri K.K.Rao, 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 28.09.2020 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act)-III, Gorakhpur in Criminal Appeal No. 61 of 2020 as well as order dated 26.8.2020 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 190 of 2019, under Sections 323, 504, 506, 376 IPC & Section 3/4 POCSO Act, Police Station Campierganj, District Gorakhpur.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years at the time of alleged offence. As per allegation in the F.I.R. on 28.9.2018 the victim was said to be dragged by the revisionist in a bush and rape was committed by him. F.I.R. was lodged on 1.8.2019 on the basis of an application under Section 156(3) Cr.P.C. which was moved on 20.10.2018 after delay of one month from the date of incident. Further submitted that during medical examination no any injury was found on the person of the victim in support of allegation of rape. There is nothing on record to show that rape was committed by the present revisionist with her. Tau of the revisionist lodged an F.I.R. against family members of the informant as Case Crime No. 609 of 2017, under Section 363 366 IPC in counterblast present F.I.R. was lodged with false allegation of rape. It is also 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 23.01.2020 i.e. more than three and half years 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 period of delinquent remained in Juvenile Care Home 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 26.8.2020 and the appellate court dated 28.9.2020 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 :- 16.10.2023
A. Singh
