Allowed
X- Juvenile v. State of U.P. and 3 Others
Allahabad HCCRLR/2593/2023
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No. - 2023:AHC:138897 Court No. - 80 Case :-…
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No. - 2023:AHC:138897 Court No. - 80 Case :-…
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Neutral Citation No. - 2023:AHC:138897
Court No. - 80
Case :- CRIMINAL REVISION No. - 2593 of 2023
Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 13.09.2022 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Fatehpur in Criminal Appeal No. 21 of 2022 as well as order dated 16.03.2022 passed by Juvenile Justice Board, Fatehpur. Further prayed to release the revisionist on bail in Case Crime No. 191 of 2017 under Sections 363, 366, 376, 506, 323 I.P.C. & 3/4 POCSO Act and Section 3(2) V SC/ST Act, Police Station Malwan, District Fatehpur.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years and 4 months at the time of alleged incident and is in Child Care Home since 07.09.2017 i.e. more than five years. It is further submitted that the victim was aged about 16 years and she went with the delinquent voluntarily and lived in Pune for a period of three months but no any such complaint made by her. It is further submitted that in the F.I.R. it was mentioned that the victim took jewellery amounting to Rs. 1 lakh and Rs. 30,000 /- cash with her. It also shows that she was volunteer and not taken by force by the delinquent. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
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, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist, 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.
Accordingly, the orders passed by Juvenile Justice Board dated 16.03.2022 and the appellate court dated 13.09.2022 are, hereby, set aside and present criminal revision is hereby, allowed .
It is directed that delinquent/applicant be released on bail on executing person 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 :-
(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.
(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.
(iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.
(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.
Order Date :- 13.7.2023
Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Subhash Chandra Sharma
As recorded by the court registry
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