Juvenile convicted of rape. Court set aside lower orders for not applying judicial mind to JJ Act provisions and DO report. Bail granted during pendency.
Impugned order dated 10.2.2022 setting aside order dated 23.2.2022. Bail granted to minor with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:167880
Court No. - 80
Case :- CRIMINAL REVISION No. - 1501 of 2022
Revisionist :- Xxxxxx (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pramod Kumar Srivastava,Anurag Tripathi,Manoj Kumar Srivastava,Rahul Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
rape nor any unnatural offence was committed with her by the present revisionist/delinquent. There is nothing against the revisionist/delinquent. 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 14.11.2021(i.e. more than one and a half 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.
(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.
(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.
(iii) Juvenile and the natural guardian/father will report to the Probation Officer on the first Monday of every calendar month.
(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.
Order Date :- 21.8.2023 S.K.S.
Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the lower courts acted without applying their judicial mind by ignoring the Juvenile Justice Act provisions and the District Probation Officer's report.
Whether the minor applicant should be released on bail in a case involving alleged rape and offence under SC/ST Act when medical report showed no injury on private parts.
2 provisions across 1 enactments
Xxxxxx (Minor)
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
