Allowed

X Minor v. State of U.P. and Another

Allahabad HC3 Jul 2023CRLR/283/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision filed by a minor revisionist through his father. The court set aside the impugned orders of the Juvenile Justice Board and the appellate court, which failed to properly consider material under the Juvenile Justice Act, and directed the release of the minor on bail with supervision conditions.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; minor released on bail by father with two sureties subject to conditions regarding movement, study, and monthly reporting.

X Minor Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130740

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 283 of 2021

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Revisionist :- X Minor Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Jalaj Kumar Tripathi,Girish Kumar Pandey,Saurabh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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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 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 22.12.2020 passed by learned Additional Session Judge/Special Judge (POCSO Act), Court No. 2 Bareilly in Criminal Appeal No. 72 of 2020 as well as order dated 21.10.2020 passed by Juvenile Justice Board, Bareilly. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 20 of 2020, under Sections 452, 376 IPC and Section 3/4 POCSO Act, Police Station Bhamora, District Bareilly.

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It is submitted by the learned counsel for the revisionist that he is innocent and has committed no offence. At the time of alleged incident, he was aged about 16 years ten months and four days. It is also submitted that there is nothing on record to show that the rape was committed with the victim by the delinquent as stated by the victim herself. There is nothing on record to corroborate the allegation of rape with the victim by the present delinquent. It is also submitted that 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. The delinquent is in Juvenile Care Home since 31.1.2020 and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the

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criminal revision.

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Learned A.G.A. for the State opposed the prayer as aforesaid and urged that in this case there is allegation of rape by the delinquent with the victim. She supported the version in her statement made before learned Magistrate under section 164 Cr.P.C. In case he is released on bail, he will come in the association with the criminals which will effect the society adversely and all these facts were taken into consideration by learned Juvenile Justice Board as well as appellate court while deciding the bail and appeal.

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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 21.10.2020 and the appellate court dated 22.12.2020 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 :- 3.7.2023 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

X Minor v. State of U.P. and Another

Case brief

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X Minor v. State of U.P. and Another

Case brief

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