Allowed

X (Juvenile) v. State of U.P. and 3 Others

Allahabad HC11 Jul 2023CRLR/2018/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision preferred by a juvenile. It set aside orders of the Juvenile Justice Board and appellate court passed without applying judicial mind regarding Section 12 of the Juvenile Justice Act. The juvenile was released on bail with specific conditions.

What did the court decide?

The impugned orders of the J.J. Board and appellate court are set aside; the revisionist (juvenile) is released on bail under execution of personal bond by father and two sureties with recorded condit

X (Juvenile) Vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:136170

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2018 of 2023

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Revisionist :- X (Juvenile) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dhirendra Pratap 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 revisionist, learned A.G.A. for State and perused the 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 judgment and order dated 24.3.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Court No. 1 Gorakhpur in Criminal Appeal No. 37 of 2023 as well as order dated 01.03.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 530 of 2022, under Sections 363, 366, 376, 504, 506 IPC & Section 3/4 POCSO Act, Police Station Sahajanwa, District Gorakhpur.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 14 years and four months at the time of alleged offence. Occurrence is said to have taken place on 2.5.2022 but F.I.R. was lodged after lapse of six months on 20.11.2022 with false allegation that the delinquent enticed away the daughter of the informant who was aged about 17 years. In this way, it cannot be said that the delinquent aged about 14 years would entice away the victim aged about 17 years. Further submitted that she went with the present delinquent voluntarily and no any force or violence was used by him against her. No any injury was found on her person. After the date of occurrence, she came to her house after eight days even though F.I.R. was lodged after delay of six months with ulterior motive. In this way, there is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 30.11.2022 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.

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Learned A.G.A. opposed the aforesaid prayer.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 01.03.2023 and the appellate court dated 24.3.2023 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 personal 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 :- 11.7.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

X (Juvenile) v. State of U.P. and 3 Others

Case brief

What is this about?

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X (Juvenile) v. State of U.P. and 3 Others

Case brief

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