Allowed

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

Allahabad HC18 Aug 2023CRLR/1464/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal revision seeking to set aside lower court orders regarding a minor delinquent. The Court found that the Juvenile Justice Board and appellate court failed to consider relevant provisions of the Juvenile Justice Act, 2015 and the District Probation Officer's report when passing orders of conviction and imprisonment. The High Court set aside the impugned or

What did the court decide?

Set aside orders of Juvenile Justice Board (20.12.2022) and appellate court (14.02.2023); released minor on bail on executing personal bond and sureties with conditions.

Minor X Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:166573

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1464 of 2023

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Revisionist :- Minor X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Kali Charan Yadav,Jitendra Partap 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 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 20.12.2022 passed by Juvenile Justice Board, Siddharth Nagar as well as order dated 14.02.2023 passed by Additional District & Sessions Judge/Special Judge (POCSO Act), Siddharth Nagar in Criminal Appeal No.01/2023 (X Minor vs. State of U.P.) arising out of Case Crime No.97 of 2022, under Sections 363, 366A, 376 I.P.c. & Section 3/4, 11/12 of POCSO Act, Police Station Dumariaganj, District Siddharth 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 17 years at the time of alleged incident. Further submitted that victim was also aged about 16 years and was in affair with the delinquent that was the reason she went with him to Nepal by bus where they stayed in a rented room for 10 days and physical relations were also established between both of them. It is further submitted that no any force or violence was used against the victim and she also expressly stated before the learned Magistrate u/s 164 Cr.P.C. that she loved the delinquent and went with him voluntarily. 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 08.08.2022 (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 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,

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the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, the statement made by the victim u/s 164 Cr.P.C. before the Magistrate 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 20.12.2022 and the appellate court dated 14.02.2023 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 :- 18.8.2023 Ashok Gupta

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

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

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

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