Allowed

X (Minor) v. State of U.P.and 3 Others

Allahabad HC24 Jul 2023CRLR/1008/2022

Case brief

AI extract

What is this about?

Criminal Revision allowed setting aside orders of Juvenile Justice Board and appellate court which failed to consider Section 12 of J.J. Act and relevant materials. Minor released on bail with strict conditions including probation officer vigilance.

What did the court decide?

Orders of J.J. Board and appellate court set aside. Delinquent released on bail with personal bond and conditions of supervision and education.

X (Minor) Vs State of U.P.and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147163

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1008 of 2022

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Revisionist :- X (Minor) Opposite Party :- State Of U.P.And 3 Others Counsel for Revisionist :- Pushpendra Singh Counsel for Opposite Party :- G.A.,Vinod Singh

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, learned counsel for opposite party as well as learned A.G.A. for State and perused the record.

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The present criminal revision has been preferred by the revisionist through his mother 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 19.2.2022 passed by learned Additional District and Session Judge (POCSO Act) Bulandshahar in Crl. Appeal No. 1 of 2022 as well as order dated 24.12.2022 passed by Juvenile Justice Board, Bulandshahar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.440 of 2021, under Sections 376(3), 342 IPC and Section 3/4(2) of POCSO Act, Police Station Khurja, District Bulandshahar.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years ten months at the time of alleged incident and is languishing in Child Care Home since 3.7.2021 ie more than two years. It is further submitted that the F.I.R was lodged after delay of five days with ulterior motive that the rape was committed by the delinquent with the Vitim inside the house where his aunti called the victim and bolted her with delinquent in a room where the incident took place in which the delinquent is said to have committed rape with her, but during medical examination no any such sign of rape was found by the doctor. There is no any other material on record to suggest that the rape was committed with the victim by the delinquent.

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There is nothing adverse to the present delinquent in the

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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 3.7.2021 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.

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Learned A.G.A as well as learned counsel for opposite party opposed the prayer as aforesaid.

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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.

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Accordingly, the orders passed by Juvenile Justice Board dated 24.12.2021 and the appellate court dated 19.2.2022 is hereby, set aside and present Criminal Revision is hereby, allowed .

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It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (mother of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:-

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(i) The revisionist/mother 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 mother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/mother 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

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besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

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(iii) Juvenile and the revisionist/mother will report to the Probation Officer on the first Monday of every calendar month.

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(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.

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Order Date :- 24.7.2023 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

X (Minor) v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

X (Minor) v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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