Allahabad High Court
X- Juvenile vs State Of U.P. And 3 Others on 26 September, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:186180
Court No. - 80
Case :- CRIMINAL REVISION No. - 4704 of 2022
Revisionist :- X- Juvenile
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- B.N.Singh,Alok Ranjan Tripathi,Manish Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard 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 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 23.09.2022 passed by District and Sessions Judge, Court No.13/Special Judge (POCSO Act) Kanpur Dehat in Criminal Appeal No.46 of 2022, under Section 101 of Juvenile Justice (Care and Protection of Children) Act, 2015 (Shrawan @ Sharman vs. State of U.P.) dismissing the appeal of the appellant and confirming the order dated 24.08.2022 passed by Juvenile Justice Board, Kanpur Outer in Case Crime No.80/2022, under Section 376(e)/506 I.P.C. & Section 5 J(ii)/6 POCSO Act, Police Station Chaubeypur, District Kanpur Nagar 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 16 years and was juvenile at the time of alleged incident. Further submitted that the victim was also aged about 16 years who was neighbour of the delinquent. The present delinquent did not commit rape with her but on account of village rivalry he was named in the F.I.R. for committing rape with the victim in her house in the company of his brother Rakesh which cannot be said to reliable because no person can commit rape in the presence of his brother who was already married. In this way, the allegation made by the victim cannot be said to be true. It is further submitted that as per the statement of the victim herself physical relations were established several times but she never made any complaint either to her mother or to any other person. When she became pregnant then she disclosed this fact to her mother who lodged the present F.I.R. against the delinquent and his brother by concocting false story. There is no any D.N.A. report on record to show that the pregnancy of the victim was caused by the present delinquent. 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 08.04.2022 (i.e. more than one year) 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, the District Probation Officer, the statement of the victim herself 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 24.08.2022 and the appellate court dated 23.09.2022 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 :- 26.9.2023/Ashok Gupta
