Allowed

Juvenile X v. State of U.P. and 3 Others

Allahabad HC11 Jul 2023CRLR/1356/2022

Case brief

AI extract

What is this about?

This criminal revision challenged the orders of the Juvenile Justice Board and appellate court in a POCSO case. The Court set aside the lower orders for not applying judicial mind to Section 12 of the J.J. Act and allowed the revision, directing the release of the juvenile on bail with specific conditions.

What did the court decide?

Set aside orders of J.J. Board and appellate court; allowed the revision; directed release of the delinquent on bail subject to undertaking and supervision conditions.

Juvenile X Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

¶1

Neutral Citation No. - 2023:AHC:137803

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 1356 of 2022

¶4

Revisionist :- Juvenile X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Manoj Kumar Srivastava,Ajai Kumar,Mirza Faheem Beg,Nagendra Singh Gautam,Ram Kumar Pal Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Heard learned counsel for revisionist, learned A.G.A as well as Sri Mirza Faheem Beg learned counsel for the opposite party and perused the record.

¶7

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 judgment and order dated 9.3.2022 passed by learned Additional District and Session Judge,/Special Judge, POCSO Act, Kanpur Dehat in Criminal Appeal No. 11 of 2022 as well as order dated 2.2.2022 passed by Juvenile Justice Board,Kanpur Dehat. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 307 of 2021, under Sections 376 IPC and Section 3/4 POCSO Act, Police Station Bilhaur, District Kanpur Outer.

¶8

It is submitted by learned counsel for the delinquent that he was aged about 15 years two months and eighteen days at the time of alleged incident and is in Child Care Home since 2.10.2021. It is further submitted that the victim is aged about 13 years and during medical examination a child of four months was found in her uterus. He was named in the F.I.R after four months of the alleged incident and there was no relationship with the victim. No any D.N.A report was obtained by the prosecution to establish the offence. It is also submitted that the statement of victim has already been recorded before the learned Juvenile Justice Board, as P.W-2, in which she did not support the prosecution version but categorically stated that the delinquent did not commit any rape with her and she never disclosed such fact to her parents. The delinquent cannot be said to be guilty. This fact was not considered by the learned Juvenile Justice Board and also by learned appellate court. The provisions as contained under

¶9

Section 12 of the Juvenile Justice Act had not been considered by the learned Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since 2.10.2021 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.

¶10

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

¶11

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 order 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.

¶12

Accordingly, the orders passed by Juvenile Justice Board dated 2.2.2022 and the appellate court dated 9.3.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed.

¶13

It is directed that delinquent/applicant be released on bail on executing personal 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:-

¶14

(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.

¶15

(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.

¶16

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

¶17

(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.

¶18

Order Date :- 11.7.2023 G.S

¶19

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

Juvenile X v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Juvenile X 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

Coram

Case details

Similar cases

Juvenile -X Vs State of U.P. and 3 Others

X- Juvenile Vs State of U.P. and 3 Others

X- Juvenile Vs State of U.P. and 3 Others

X (Juvenile) Vs State of U.P. and 3 Others

Juvenile R Vs State of Up through Principal Secretary Home Gov. of Up and 3 Others

Dharmendra and Another Vs State of U.P. and Another