Allahabad High Court
X Juvenile vs State Of U.P. And 3 Others on 17 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:200366
Court No. - 80
Case :- CRIMINAL REVISION No. - 4141 of 2023
Revisionist :- X Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Araf Khan,Waseem Akram
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the material on 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 impugned judgment and orders dated 17.03.2023 and 27.05.2023 passed by the learned Juvenile Justice Board in Special Case No.335 of 2023 and by the Special Judge, POCSO Act II/Session Judge, Moradabad in Criminal Appeal No.46 of 2023 enlarging the revisionist on the bail in Crime No.91 of 2022, under Sections 376D, 341, 504, 506 I.P.C. & Section 5/6, 16/17 POCSO Act, Police Station Kundarki, District Moradabad during the pendency of the trial.
It is submitted that in this case the delinquent/applicant was aged about 17 years and was juvenile at the time of alleged incident. Further submitted that as per allegation in F.I.R. the victim aged about 15 years was said to be subjected to rape by the present revisionist and co-accused Qadir but no any F.I.R. was lodged promptly but it was lodged after delay of five days without any explanation. During medical examination no any injury was found on the person of the victim either external or internal to suggest that rape was committed with her and even during pathological examination no any such symptom was found. There is no any material on record to show that rape was committed with the victim by the revisionist except her bald statement. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 03.05.2022 (i.e. more than year) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, that nothing was found in the medical examination as well as in the pathological examination and the period present delinquent remained in jail, 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 27.05.2023 and the appellate court dated 17.03.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 17.10.2023
Ashok Gupta
