Allowed

Juvenile X v. State of U.P. and 2 Others

Allahabad HC20 Jul 2023CRLR/1354/2023

Case brief

AI extract

What is this about?

The High Court sought bail for a juvenile delinquent aged 14 and set aside orders from the Juvenile Justice Board and appellate court for not applying judicial mind to Section 12 of the Juvenile Justice Act and the Probation Officer report.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; revisionist released on bail with sureties under specified conditions of supervision and education.

Juvenile X Vs State of U.P. and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:145463

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1354 of 2023

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Revisionist :- Juvenile X Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Wahid Jamal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Supplementary affidavit filed by learned counsel for the revisionist is taken on record regarding statements of P.W. 1, P.W. 3 and P.W. 4.

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

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The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 25.01.2023 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Aligarh in Criminal Appeal No. 148 of 2022 as well as order dated 29.10.2022 passed by Juvenile Justice Board, Aligarh. Further prayed to release the revisionist on bail in Case Crime No. 70 of 2022 under Section 147, 148, 149, 302, 506 120B I.P.C. Police Station Civil Line, District Aligarh.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years 8 months and 26 days at the time of alleged incident. It is further submitted that he was not named in F.I.R. but during investigation his name was brought into light. It is also submitted that the named co-accused persons those were major had already been granted regular bail by Co-ordinate Bench of this Court and during trial the statements of P.W. 1 and P.W. 3 have already been recorded in which they had not supported the prosecution version. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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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 17.02.2022 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.

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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, 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 29.10.2022 and the appellate court dated 25.01.2023 are, 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 person 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 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 :- 20.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Juvenile X v. State of U.P. and 2 Others

Case brief

What is this about?

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Juvenile X v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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