Allahabad High Court
Minor X vs State Of U.P. And Another on 31 October, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:207779
Court No. - 80
Case :- CRIMINAL REVISION No. - 4541 of 2022
Revisionist :- Minor X
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Annapurna Devi
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Ms. Annapurna Devi, 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 aunty 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 12.07.2022 passed by Juvenile Justice Board, Ghaziabad as well as order dated 24.08.2022 passed by Special Judge (POCSO Act)/Additional Session Judge, Ghaziabad in Criminal Appeal No.117 of 2022 (Minor X vs. State of U.P.) arising out of Case Crime No.142 of 2022 under Sections 376, 306 I.P.C., Police Station Tronica City, District Ghaziabad 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 there was relation between the victim and the present revisionist for a period of two years prior to the alleged incident and physical relations were also established between them. Later on, an obscene photograph was made viral by the revisionist as a result victim went to the house of her maternal uncle and jumped from the second floor and sustained injuries on her person, thereafter, she was taken to the hospital but after 25 days she died. It is further submitted that there no material on record to show that any obscene photograph was made viral except her statement recorded by learned Magistrate in the hospital. There is no other statement of the victim/deceased to show that the revisionist utter any word to incite her to commit suicide. 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 27.03.2022 (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 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, there is nothing on record to show that revisionist incited the victim to commit suicide and the period present delinquent/revisionist 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 12.07.2022 and the appellate court dated 24.08.2022 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 (aunty 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/aunty 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 aunty will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/aunty 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/aunty 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
