Allahabad High Court
X (Minor) vs State Of U.P. And 3 Others on 25 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:185230
Court No. - 80
Case :- CRIMINAL REVISION No. - 600 of 2023
Revisionist :- X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sunil Kumar Pandey
Counsel for Opposite Party :- G.A.,Ravi Shanker Pathak,Satyash Chandra Maurya
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned counsel for opposite party no. 2 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 natural guardian 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 3.11.2022 passed by learned Additional Session Judge/Special Judge, (POCSO Act), Ghazipur in Criminal Misc. Bail Application No. 96 of 2022 as well as order dated 29.9.2022 passed by Juvenile Justice Board, Ghazipur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 174 of 2020, under Sections 376-DA, 506 IPC & Section 3/4 POCSO Act, Police Station Karanda, District Ghazipur.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 3 months and 8 days at the time of alleged offence. Further submitted that in the F.I.R. three persons including present revisionist were named for committing rape with the victim who was aged about 17 years and medically it was more than 18 years. She was in relation with co-accused Abhimanyu prior to alleged incident. There was conversation on mobile phone between both of them and also established physical relations. There was promise of marriage on his part thereafter, a video was snapped by the accused Abhimanyu and present revisionist, later on physical relations were established by all, several times and at last video was made viral and it came into the knowledge of the brother of the victim, then present F.I.R. was lodged. In this way, story as alleged in the F.I.R. as stated by the victim herself cannot be said to be true in relation to the present revisionist. 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 22.6.2020 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 counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer and urged that a video was snapped by the present revisionist with other co-accused and it was made viral and also under threat of making video, rape was committed with her, therefore, it cannot be said to be innocent.
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 period of delinquent remained in jail, 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 29.9.2022 and the appellate court dated 3.11.2022 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 (natural guardian 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/natural guardian 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 thenatural guardian will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/natural guardian 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/natural guardian 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 :- 25.9.2023/A. Singh
