Allowed

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

Allahabad HC25 Aug 2023CRLR/1805/2023

Case brief

AI extract

What is this about?

Criminal Revision sought to set aside orders affirming conviction/conviction-related proceedings for a juvenile accused under POCSO and IPC sections, arguing inadequate consideration of juvenile provisions and probation officer reports, resulting in the revision being allowed and bail granted.

What did the court decide?

Orders by J.J. Board and appellate court set aside; delinquent released on bail with sureties and conditions regarding guardian supervision, education, and probation reporting.

X- Juvenile Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172209

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1805 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Vinay Kumar Tripathi and Sri Ms. Pratibha Jaiswal, 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 14.03.2023 passed by Additional District and Sessions Judge/Special Judge (POCSO) District Sonbhadra in Criminal Appeal No.15 of 2023 (Ajay vs. State of U.P.) as well as order dated 14.02.2023 passed by Juvenile Justice Board, Sonbhadra in Bail Application No.74 of 2023 (Ajay vs. State of U.P.) in Case No.01 of 2023 arising out of Case Crime No.850 of 2022, under Sections 363, 366, 376(3) I.P.C. & Section 3/4(2) POCSO Act, Police Station Robertsganj, District Sonbhadra 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 15 years at the time of alleged incident. Further submitted that victim was also aged about 15 years and went with the delinquent because there was affair between both of them. As per statement of the victim as recorded by learned Magistrate u/s 164 Cr.P.C. she stated clearly that she went with the delinquent on the ocassion of Diwali to Nasik for a period of 14 days where they lived as husband and wife as a result physical relations were established between both of them with consent. It shows that she was volunteer and no any force or violence was used by the delinquent against her. 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 09.11.2022 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, the statement made by the victim u/s 164 Cr.P.C. before the Magistrate 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 14.02.2023 and the appellate court dated 14.03.2023 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 :- 25.8.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA 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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