Allowed

K (Juvenile) v. State of U.P. and Another

Allahabad HC7 Aug 2023CRLR/2285/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision filed by a juvenile, setting aside orders by the Juvenile Justice Board and appellate court for failing to apply judicial mind and consider statutory provisions under the Juvenile Justice Act. Bail was granted with conditions.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; revision allowed; juvenile released on bail with conditions including study pursuit and reporting.

K (Juvenile) Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:158007

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 2285 of 2023

¶4

Revisionist :- K (Juvenile) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vivek Singh Shrinet Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Counter affidavit filed by learned A.G.A. for the State is taken on record.

¶7

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

¶8

The present criminal revision has been preferred by the revisionist through his mother with a prayer to allow this revision and set aside the judgment and order dated 24.03.2023 passed by Children Court/ learned Additional Sessions Judge/ Special Judge (POCSO Act), Kushinagar in Criminal Appeal No. 34 of 2022 as well as order dated 29.11.2022 passed by Juvenile Justice Board, Kushinagar. Further prayed to release the revisionist on bail in Case Crime No. 346 of 2022 under Section 376-D, 506 I.P.C., Police Station Padrauna, District Kushinagar.

¶9

It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years 4 months at the time of alleged incident. It is further submitted that as per allegation in F.I.R. the delinquent has committed rape with the victim with other co-accused person. It is also submitted that incident is said to have taken on place on 19.07.2022 but F.I.R. was lodged after delay of seven days i.e. 26.07.2022 without any explanation. It is also submitted that during medical examination no any injury was found either external or internal on the person of the victim to support the allegation of rape. It is also submitted that F.I.R. was lodged under Section 354 (ka) I.P.C. for molestation but during investigation improvement in the statement of the victim was made and Section 376 was also added whereas no any such incident took place. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

¶10

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 28.08.2022 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well

¶11

as appellate court and allow the criminal revision.

¶12

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

¶13

Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A. for the State, 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.

¶14

Accordingly, the orders passed by Juvenile Justice Board dated 29.11.2022 and the appellate court dated 24.03.2023 are, hereby, set aside and present criminal revision is hereby, allowed .

¶15

It is directed that delinquent/applicant be released on bail on executing person 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 :-

¶16

(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.

¶17

(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 unproductive and excessive recreational pursuits.

¶18

(iii) Juvenile and the revisionist/ mother will report to the Probation Officer on the first Monday of every calendar month.

¶19

(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.

¶20

Order Date :- 7.8.2023 Suraj Srivastav

¶21

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

K (Juvenile) v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

K (Juvenile) v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vidya Shankar Lal Vs State of U.P. and Another

Juvenile-X Vs State of U.P. and Another

Juvenile -X Vs State of U.P. and Another

X (Minor) Vs State of U.P. and Another

X- Minor and 3 Others Vs State of U.P. and 3 Others

Knk- Juvenile Vs State of U.P. and 3 Others