Allahabad High Court
Ka (Minor) vs State Of U.P. And 3 Others on 21 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:184178
Court No. - 80
Case :- CRIMINAL REVISION No. - 3311 of 2023
Revisionist :- Ka (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sanjay Kumar Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist as well as 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 2.3.2023 passed by learned Special Judge, (POSCO Act)Court No.2, Moradabad in Crl. Appeal No.9 of 2023 as well as order dated 27.1.2023 passed by Principal Judge, Juvenile Justice Board, Moradabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.338 of 2022, under Sections 376-AB, IPC and Section 5-M/6 POSCO Act, Police Station Majhola, District Moradabad.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years at the time of alleged incident and is languishing in Child Care Home since 9.5.2022 ie more than one year. As per allegation made in the F.I.R, the victim is aged about 7 years was subjected to rape by the revisionist and she narrated the story to her mother on account of pain but during medical examination no any injury either external or internal was found either private part or her anus. It shows that no rape or unnatural offence was committed with her by the revisionist only on the ground of suspicious this F.I.R was lodged by the mother of the victim with false allegation for committing rape with her daughter. 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. The delinquent is in Juvenile Care Home since 9.5.2022 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 prayer as aforesaid.
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 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 Principal Juvenile Justice Board 2.3.2023 and the appellate court dated 27.1. 2023 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 :- 21.9.2023
G.S
