Allowed

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

Allahabad HC3 Aug 2023CRLR/2546/2022

Case brief

AI extract

What is this about?

The High Court set aside orders of the Juvenile Justice Board and appellate court for failing to consider the Juvenile Justice Act and probation report. The criminal revision was allowed and the delinquent was granted bail.

What did the court decide?

The orders of the Juvenile Justice Board and appellate court were set aside. The revisionist was released on bail with conditions including reporting to the Probation Officer.

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:155693

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2546 of 2022

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Revisionist :- Juvenile X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Babhru Vahan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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

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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 10.05.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Deoria in Criminal Appeal No. 32 of 2022 as well as order dated 08.03.2022 passed by Juvenile Justice Board, Deoria. Further prayed to release the revisionist on bail in Case Crime No. 210 of 2021 under Section 376(2)(1) I.P.C. and Section 5J(2)/6 POCSO Act, Police Station Salempur, District Deoria.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that the victim was aged about 19 at the time of medical examination. As per allegation in F.I.R. three persons are said to have established the physical relations with the victim from the year 2019 and when she became pregnant present F.I.R. was lodged by her father. It is further submitted that the statement of the victim was recorded by the learned Magistrate under Section 164 Cr.P.C. in which the name of the present revisionist was not disclosed by her which clearly shows that he was not involved in the case. Even though he has been roped in this case. It is also submitted that there is no any D.N.A. report on record to establish the paternity of the child in womb. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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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 11.10.2021 i.e. more than one and a half years and his psychology is being affected adversely, therefore, requested to set aside orders

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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 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. for the State, the time delinquent remained in Child Care Home, 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 08.03.2022 and the appellate court dated 10.05.2022 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 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 :-

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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 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 :- 3.8.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA 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

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What did the court decide?

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