Allahabad High Court
X (Minor) vs State Of U.P. And 3 Others on 31 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:207799
Court No. - 80
Case :- CRIMINAL REVISION No. - 15 of 2023
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.,Afshan Shafaut
Hon'ble Subhash Chandra Sharma,J.
List revised. None appeared on behalf of the opposite party even in the revised call.
Heard learned counsel for the revisionist 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 mother with a prayer to allow this revision and set aside the judgment and order dated 13.12.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Muzaffar Nagar in Criminal Appeal No. 85 of 2022 as well as order dated 17.10.2022 passed by Juvenile Justice Board, Muzaffar Nagar. Further prayed to release the revisionist on bail in Case Crime No. 147 of 2022 under Section 363, 366, 376 I.P.C. and 3/4 of POCSO Act, Police Station Kotwali City., District Muzaffar Nagar .
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 at the time of alleged incident. It is further submitted that the victim was also aged about 16 and both were in relation one and a half year prior to the alleged incident. There was conversation between both of them and they wanted to marry. She went with the revisionist voluntarily to Haridwar where physical relations were established with her will. No any force or violence was used by the revisionist against her. The statement of the victim was also recorded under Section 164 Cr.P.C. before the learned Magistrate in which she stated clearly that she went with the revisionist voluntarily and physical relations were also established with her will. 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 03.04.2022 i.e. about one and a half years 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 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. 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 17.10.2022 and the appellate court dated 13.12.2022 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 ( mother 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/ mother 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 mother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ mother 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/ mother 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 :- 31.10.2023
Suraj Srivastav
