Allowed

Juvenile 'X' v. State of U.P. and Another

Allahabad HC17 Jul 2023CRLR/1676/2023

Case brief

AI extract

What is this about?

This criminal revision held that the Juvenile Justice Board and appellate court erred in not considering Section 12 of the Juvenile Justice Act and material on record. The High Court allowed the revision, set aside the impugned orders, and directed the release of the juvenile on bail with specific conditions.

What did the court decide?

Impugned orders set aside; revisionist (juvenile) to be released on bail by his father with two sureties; conditions imposed for supervision and education.

Juvenile 'X' Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:141151

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1676 of 2023

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Revisionist :- Juvenile 'X' Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.,Subhash Chandra Singh

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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 judgment and order dated 22.2.2023 passed by Special Judge (POCSO Act), Rampur in Criminal Appeal No. 02 of 2023 as well as order dated 06.01.2023 passed by Juvenile Justice Board, Rampur. Further prayed to release the revisionist on bail in Case Crime No. 248 of 2022 under Section 342, 366, 376D I.P.C., Police Station Swar, District Rampur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years 5 months and 17 days at the time of alleged incident. It is further submitted that he was not named in F.I.R. After 24 days of alleged incident the victim aged about 19 years was recovered and she made allegation of rape against the present delinquent and other co-accused person and also stated that she was taken by the delinquent on motor-cycle but no any hue and cry was made by her even in the way and on the place where she was said to be kept in confinement, this shows that she was consenting party. Even during medical examination no any injury was found on the person either external or internal. It also shows that no rape was committed by the delinquent but on account of village rivalry he has been roped in this case. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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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. He is in Child Care Home since 25.07.2022 and his psychology is being affected adversely, therefore, requested to set aside orders 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 and urged that in this case there is allegation of rape against the present delinquent also with other co-accused person by the victim, therefore, he is not entitled to be released on bail. In this regard the order passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.

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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 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 06.01.2023 and the appellate court dated 22.02.2023 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 :- 17.7.2023/ Suraj Srivastav

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

Juvenile 'X' v. State of U.P. and Another

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Juvenile 'X' v. State of U.P. and Another

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