Allowed

K (Kalpanik Name) Juvenile v. State of U.P. and 3 Others

Allahabad HC10 Jul 2023CRLR/2037/2023

Case brief

AI extract

What is this about?

High Court allowed a criminal revision preferring to set aside orders of Juvenile Justice Board and Sessions Judge. Court held lower forums failed to apply judicial mind to Section 12 requirements. Delinquent youth released on personal bond and sureties with strict probation conditions.

What did the court decide?

Impugned orders set aside; delinquent released on personal bond with two sureties subject to strict conditions of association, study pursuit and reporting.

K (Kalpanik Name) Juvenile Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135154

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2037 of 2023

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Revisionist :- K (Kalpanik Name) Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.,Vinay Kumar Singh

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Hon'ble Subhash Chandra Sharma,J.

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Rejoinder affidavit filed today by learned counsel for revisionist is taken on record.

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Heard learned counsel for revisionist, learned counsel for opposite party no. 4 as well as 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 17.3.2023 passed by learned Sessions Judge, Sant Kabir Nagar in Criminal Appeal No. 15 of 2023 as well as order dated 21.2.2023 passed by Juvenile Justice Board, Sant Kabir Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case No. 02 of 2023 arising out of Case Crime No. 776 of 2022, under Sections 377, 506 IPC & Section 5/6 POCSO Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years 10 months and 23 days at the time of alleged offence. There is allegation of unnatural offence with the victim which does not corroborate with the medical report. No any internal or external injury was found on the anal region of the victim except one contusion of left side on face. 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 confirmity with the law. The delinquent is in Juvenile Care Home since 26.11.2022 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 counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer and urged that such type of offence was committed with the victim by the

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present delinquent several times regarding which he made complaint with his father, though no any injury was found on the anal region in the course of present incident, therefore, he is not entitled for bail and the revision is liable to be dismissed.

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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 21.2.2023 and the appellate court dated 17.3.2023 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 :- 10.7.2023 A. Singh

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

K (Kalpanik Name) Juvenile v. State of U.P. and 3 Others

Case brief

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K (Kalpanik Name) Juvenile v. State of U.P. and 3 Others

Case brief

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What the court decided

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