Allowed

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

Allahabad HC26 Sept 2023CRLR/1336/2023

Case brief

AI extract

What is this about?

In this criminal revision, the Allahabad High Court set aside the orders of the Juvenile Justice Board and appellate court. The court held that the lower courts failed to consider relevant provisions of the Juvenile Justice Act and the District Probation Officer's report, acting without applying their judicial mind. Consequently, the revision was allowed and the juvenile delinquent was directed to

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; revision allowed; delinquent released on bail on execution of personal bond with sureties subject to reporting and study conditions.

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:186339

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1336 of 2023 Revisionist :- X (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the material on record.

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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 08.02.2023 passed by learned Additional District & Sessions Judge/Special Judge, POCSO Act, Muzaffar Nagar in Criminal Appeal No.105 of 2022 (Moheen @ Moin vs. State of U.P. and another) as well as order dated 21.11.2022 passed by Juvenile Justice Board, Muzaffar Nagar in Bail Application No.134/12A of 2022 (State vs. Moheen @ Moin) in Case Crime No.65 of 2022, under Sections 363, 376 I.P.C. & Section 3/4 POCSO Act, Police Station Budhana, District Muzaffar Nagar and also prays to release the revisionist/delinquent on bail in the aforesaid case.

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It is submitted that in this case the delinquent/applicant was aged about 15 years and was juvenile at the time of alleged incident. Further submitted that victim was aged about 15 years at that time who was volunteer and went with the delinquent with her will as no any force or violence was used against her. As per the statements of the victim before the I.O. as well as learned Magistrate, she went to Ghaziabad and then to Delhi where she remained in a hotel but no any hue and cry was made by her. It is further submitted that before the I.O. she made accusation against the delinquent only but after improvement in her statement she stated some other names before the learned Magistrate at the time of recording her statement u/s 164 Cr.P.C. It is also submitted that during medical examination no any injury was found on her person to suggest that rape was committed with her and there is also nothing on record to show that she was taken from her house by force. 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 06.03.2022 (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

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criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.

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Learned A.G.A. opposed the prayer as aforesaid.

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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 by the District Probation Officer, the victim was volunteer as well as consenting party 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 21.11.2022 and the appellate court dated 08.02.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.

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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 :-

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(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.

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(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.

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(iii) Juvenile and the natural guardian/father 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 :- 26.9.2023/Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

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

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

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