Allowed

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

Allahabad HC12 Jul 2023CRLR/2063/2023

Case brief

AI extract

What is this about?

This High Court allowed a criminal revision to set aside orders from the Juvenile Justice Board and appellate court for not applying judicial mind to Section 12 of the JJ Act. The juvenile was granted bail on a personal bond with sureties.

What did the court decide?

Impugned orders set aside; juvenile released on bail via personal bond with two sureties and strict monitoring conditions.

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

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Neutral Citation No. - 2023:AHC:137456

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2063 of 2023

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Revisionist :- Juvenile -X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Krishna Nand Yadav,Anand Prakash Yadav

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Counsel for Opposite Party :- G.A.

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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 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 mother 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 14.3.2023 passed by learned Children's Court/Additional Sessions Judge Maharajganj in Criminal Appeal No. 10 of 2023 (Ikbal Vs. state of U.P.) as well as order dated 16.2.2023 passed by Juvenile Justice Board, Maharajganj. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Complaint Case No. 93 of 2020, under Sections 376, 506 IPC & Section 3/4 POCSO Act, Police Station Brijmanganj, District Maharajganj.

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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, 07 months and 16 days at the time of alleged offence. Incident is said to have taken place on 17.8.2020 regarding which no any F.I.R. was lodged at the police station concerned but complaint was filed on 10.09.2020 after delay of 23 days. Further submitted that there is no any medical report to show the allegation of rape with the victim by the present delinquent. In the statement of the victim recorded under Section 202 Cr.P.C. no allegation of rape has been made against the present delinquent but he has pressed the mouth of the victim and rape was committed by the co-accused Sadare Alam. No one had seen the incident but on account of village rivalry, this complaint was filed with ulterior motive. In this way,

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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 11.01.2023 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 16.2.2023 and the appellate court dated 14.3.2023 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 (mother 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/mother 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.

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(ii) The revisionist/mother 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

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unproductive and excessive recreational pursuits.

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(iii) Juvenile and the revisionist/mother 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 :- 12.7.2023 A. Singh

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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