Allowed

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

Allahabad HC10 Jul 2023CRLR/1443/2023

Case brief

AI extract

What is this about?

High Court allowed criminal revision setting aside orders of Juvenile Justice Board and appellate court for failing to consider Section 12 of JJ Act and Probation Officer report. Delinquent granted bail with conditions.

What did the court decide?

Orders of JJB dated 11.11.2022 and Appellate Court dated 23.02.2023 set aside. Delinquent released on bail with sureties and undertakings.

X- Juvenile Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135298

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1443 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.,Anita Singh,Prem Babu Verma

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Hon'ble Subhash Chandra Sharma,J.

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Rejoinder affidavit filed by learned counsel for the revisionist is taken on record.

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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.

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The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set-aside the order dated 11.11.2022 passed by Juvenile Justice Board, Firozabad in Bail Application No. 127 of 2022 (State Vs. Juvenile (A)), arising out of Case Crime No. 80 of 2022 under Section 452, 354, 376D, 323, 504, 506 I.P.C. and 3/4 POCSO Act, Police Station Basai Mohammadpur, District Firozabad as well as order dated 23.02.2023 passed by Additional Session Judge/ Additional Special Judge (POCSO Act) Court No. 2 Firozabad in Criminal Appeal No. 83 of 2022 (Juvenile (A) Vs. State of U.P. and another), whereby the learned Additional Session Judge/ Additional Special Judge (POCSO Act) Court No. 2 Firozabad dismissed the Appeal No. 83 of 2022 preferred by revisionist and further prayed that to release the revisionist on bail in Case Crime No. 80 of 2022 under Sections 452, 354, 376D, 323, 504, 506 I.P.C. and 3/4 POCSO Act, Police Station Basai Mohammadpur, District Firozabad.

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It is submitted that in this case he is aged about 16 years 7 months and 20 days and is in Child Care Home since 11.06.2022. It is further submitted that no rape was committed either by the present

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delinquent or by other co-accused person namely Banwari Lal who was major and has granted bail by Co-ordinate Bench of this Court in Criminal Miscellaneous Application No. 34054 of 2022 order vide dated 05.01.2023. It is further submitted that on account of family dispute this case was got registered against the present delinquent and other three co-accused persons after four days of the alleged incident without any explanation. During medical examination no any external or internal injury was found on the person of the victim to suggest that rape was committed with her. In this way, to give the gravity to the case present F.I.R. was lodged with allegation of rape. It is also submitted that there is nothing adverse to the present delinquent in the D.P.O. report and there is no any material on record on the basis of which inference can be drawn that rape was committed with the victim.

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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, therefore, requested to set aside order passed by the J.J. Board as well as appellate court and allow the criminal revision.

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Learned counsel for the opposite party as well as 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 both the parties, 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 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 11.11.2022 and the appellate court dated 23.02.2023 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 ( 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 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.

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(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.

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(iii) Juvenile and the revisionist/ 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 :- 10.7.2023

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Suraj Srivastav

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

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

Case brief

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

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