Allowed

A v. State of U.P. and Another

Allahabad HC18 Aug 2023CRLR/1482/2023

Case brief

AI extract

What is this about?

Criminal Revision by a juvenile delinquent challenging orders of Juvenile Justice Board and Appellate Court that failed to consider Section 12 of the JJ Act. Court set aside impugned orders and granted bail subject to strict supervision conditions.

What did the court decide?

Orders of JJ Board and appellate court set aside; delinquent released on bail with father as surety and two additional sureties subject to conditions of no contact with criminals, education, monthly r

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

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Neutral Citation No. - 2023:AHC:166604

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1482 of 2023

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Revisionist :- A Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Surendra Prasad Mishra Counsel for Opposite Party :- G.A.,Vishnu Shankar Mishra

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared on behalf of the opposite party even in the revised call.

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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 24.01.2023 passed by learned Special Judge (POCSO Act)/Additional District & Sessions Judge, Firozabad in Criminal Appeal No.0000091 of 2022 under Sections 101(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 arising out of Case Crime No.551 of 2022, under Sections 376, 120B, 507 I.P.C. and Section 3/4 of POCSO Act, Police Station Sirsaganj, District Firozabad (A. vs. State of U.P. & another) as well as judgment and order dated 02.12.2022 passed by the Juvenile Justice Board, Firozabad in Bail Application No.141 of 2022 arising out of Case Crime No.551 of 2022, under Section 376, 120B, 507 I.P.C. & Section 3/4 of POCSO Act, Police Station Sirsaganj, District Firozabad 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 as per version in F.I.R. physical relation was established by the delinquent with the victim 6 months prior to the alleged incident as a result she became pregnant. It is submitted that there is no material on record to establish the paternity of the delinquent with the unborn child in womb of the victim. It is also submitted that in the statement of the victim made u/s 164 Cr.P.C. she expressed that on the promise of marriage physical relation was established by the delinquent

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whom she was known from the month of February, 2022 and when the delinquent refused to marry as a result present F.I.R. was lodged. It is also submitted that the physical relations were established by someone else with the victim but F.I.R. was lodged against the delinquent by concocting false story. There is nothing on record to show that the delinquent committed rape with the victim as a result she became pregnant. 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 10.09.2022 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 and the statement of the victim made u/s 164 Cr.P.C and the role of the present delinquent, 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 02.12.2022 and the appellate court dated 24.01.2023 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

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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

A v. State of U.P. and Another

Case brief

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A v. State of U.P. and Another

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