Allahabad High Court
X (Juvenile Delinquent vs State Of U.P. 3 Others on 21 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:182611
Court No. - 80
Case :- CRIMINAL REVISION No. - 3409 of 2023
Revisionist :- X (Juvenile Delinquent
Opposite Party :- State Of U.P. 3 Others
Counsel for Revisionist :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, 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 26.4.2023 passed by learned Juvenile Court/Additional Sessions Judge, Banda in Criminal Appeal No. 08 of 2023 as well as order dated 1.3.2023 passed by Juvenile Justice Board, Banda. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 636 of 2022, under Sections 363, 376, 328 IPC & Section 3/4 POCSO Act, Police Station Kotwali, District Banda.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years and 12 days at the time of alleged offence. Further submitted that the victim was also aged about 16 years and went with the revisionist voluntarily by train to Delhi from Banda. At Delhi she went to the house of the revisionist where his mother and other family members were present in such a situation it cannot be said that physical relation was established by the revisionist with the victim in presence of his inmates. The statement of the victim was recorded before the learned Magistrate under Section 164 Cr.P.C. in which she admitted the fact that she was in relation with the revisionist when she was in class 8th and he was also her friend. It has also been stated by her that she went to Delhi alone by Sampark Kranti Train from Banda Railway Station then to the house of the revisionist. She also stated that when her marriage was denied by her mother and she prevented her from going to school, she called the revisionist by some other mobile phone, he called her to Delhi and she went there, this shows that victim was volunteer and willing. No any force or violence was used by the revisionist against her. In medical report, there is nothing on record to show that rape was committed with her. There is nothing on record to show the complicity of present delinquent. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 6.9.2022 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 aforesaid prayer.
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 Juvenile Justice Board dated 1.3.2023 and the appellate court dated 26.4.2023 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
A. Singh
