Order set aside judgments of Juvenile Justice Board and appellate court for failure to consider Section 12 of Juvenile Justice Act. Revision allowed; juvenile released on bail with conditions.
Orders of Juvenile Justice Board and appellate court set aside; juvenile released on bail via father and sureties with conditions on education and reporting.
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Neutral Citation No. - 2023:AHC:181816
Court No. - 80
Case :- CRIMINAL REVISION No. - 1196 of 2022
Revisionist :- X Juvinile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Surendra Yadav Counsel for Opposite Party :- G.A.,Ashish Kumar Mishra
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 10.02.2022 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Varanasi in Criminal Appeal No. 07 of 2022 as well as order dated 24.11.2021 passed by Juvenile Justice Board, Varanasi. Further prayed to release the revisionist on bail in Case Crime No. 273 of 2021 under Sections 341, 354, 354 Kha, 376 AB I.P.C. and 5M/ 6 POCSO Act, Police Station Badagaon, District Varanasi.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that there was allegation of molestation in the F.I.R. but after improvement allegation of rape was also made during investigation. No any injury was found on the person of the victim either external or internal suggesting commission of rape with her. She stated before the learned Magistrate under Section 164 Cr.P.C. that she was wounded by the revisionist by making assault with a brick but no any such injury was found on her person during medical examination. It also falsifies the version. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 25.06.2021 i.e. more than two years and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned counsel for the opposite party as well as learned A.G.A. opposed the
prayer as aforesaid and contended that in this case rape was committed by the revisionist with the victim (minor) at the time of alleged incident. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 24.11.2021 and the appellate court dated 10.02.2022 are, hereby, set aside and present criminal revision is hereby, allowed .
It is directed that delinquent/applicant be released on bail 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 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 :- 20.9.2023 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the orders of the Juvenile Justice Board and appellate court should be set aside for failure to apply judicial mind to Section 12 of the Juvenile Justice Act.
Whether the juvenile delinquent should be released on bail with specific conditions.
4 provisions across 4 enactments
X Juvinile
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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