Allowed

X- (Minor) v. State of U.P. and Another

Allahabad HC21 Aug 2023CRLR/1380/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal revision, setting aside a bail rejection order by the Juvenile Justice Board and Sessions Court. Noting the juvenile remained in care for over three years and courts ignored statutory provisions concerning juvenile care, the court set aside previous orders and granted bail with strict conditions.

What did the court decide?

Impugned orders of Juvenile Justice Board dated 17.9.2021 and appellate order dated 21.2.2021 set aside; revision allowed; release on bail granted subject to conditions.

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

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Neutral Citation No. - 2023:AHC:168093

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1380 of 2022

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Revisionist :- X- (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kamalendra Kumar Maurya,Rajesh Kumar

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Counsel for Opposite Party :- G.A.,Gyan Prakash

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist, Sri Gyan Prakash for the opposite party, 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 21.2.2022 passed by the Sessions Judge, Etah in Criminal Appeal No. 31 of 20212 (Vikas Vs. State and another), whereby the appeal filed by the revisionist has been rejected and the earlier order dated 17.9.2021 passed by the Juvenile Justice Board, Etah by which the bail application of the revisionist has been rejected in Case Crime No 295 of 2020, under Sections 452, 376(3), 506 IPC & Section 3/4 POCSO Act, Police Statioin - Awagarh, District - Etah 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 16 years at the time of alleged incident and is in Child Care Home since 28.10.2020 (i.e. more than three years). It is further submitted that as per version in the FIR when the victim was alone in the house, the delinquent entered into the house and committed rape with her. It is further submitted that during medical examination no any injury was found on her person either external or internal. Her trouser and underwear were sent to FSL but in medical examination no semen was found. In absence of any injury on her person, rape cannot be said to be possible at all. Absence of semen also shows that no rape was committed with the victim. There is nothing adverse to the interest of the deliquescent. The report submitted by the D.P.O. is also not adverse for the

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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 28.10.2020 (i.e. more than three years) 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 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 medical examination report of the victim 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 17.9.2021 and the appellate court dated 21.2.2021 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 mother 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

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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 :- 21.8.2023 S.K.S.

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

X- (Minor) v. State of U.P. and Another

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X- (Minor) v. State of U.P. and Another

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