Allahabad High Court
X Juvenile vs State Of U.P. And 3 Others on 31 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:207775
Court No. - 80
Case :- CRIMINAL REVISION No. - 5288 of 2022
Revisionist :- X Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Bharat Bhushan Dubey
Counsel for Opposite Party :- G.A.,Abhilasha Singh,Sushil Kumar Dubey
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Bharat Bhushan Dubey, learned counsel for the revisionist as well as Sri Sushil Kumar Dubey, learned counsel for the opposite party alongwith Ms. Abhilasha Singh, learned counsel on behalf of the High Court Legal Services Committee 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 order dated 30.09.2022 passed by Special Judge (POCSO Act), Auraiya in Criminal Appeal No.27 of 2022 (X vs. State of U.P.) as well as order dated 22.08.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Auraiya in (State vs. X Juvenile) arising out of Case Crime No.54 of 2022, under Section 376 I.P.C. & Section 5/6 POCSO Act, Police Station Achhalda, District Auraiya and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 15 years and was juvenile at the time of alleged incident. Further submitted that as per the allegation in F.I.R. the victim was of tender age and an attempt to commit rape was made by the revisionist with her. During medical examination edema on the anul area was seen with reddish in color which shows that no sodomy was committed by the revisionist with the victim but she fell somewhere else as a result injury was sustained and present F.I.R. was lodged against him with false allegation of committing rape. The injury report does not show that attempt to commit rape was made by the revisionist with the victim and even in pathological report no any sperm either dead or alive was found. 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 28.02.2022 (i.e. more than one and a half years) 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 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 of tender age and attempt to commit rape was made as a result injury was sustained on her rectum and on the basis of which incident cannot be said to be false. Further urged that in case the revisionist is released on bail he will come in association with known criminal and also will not be taken care of by his guardian because he was already in guardianship at the time of alleged incident.
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, nothing was found in the medical examination as well as in the pathological report to establish the complicity of the revisionist and the period present delinquent remained in child care home, 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 22.08.2022 and the appellate court dated 30.09.2022 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 :- 31.10.2023
Ashok Gupta
