Criminal Revision allowed setting aside orders by JJB and appellate court for not applying judicial mind under J.J. Act, 2015. Bail granted to juvenile on execution of bond with conditions.
Orders of JJB dated 2.12.2022 and appellate court dated 16.3.2023 set aside; delinquent released on bail in surety.
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Neutral Citation No. - 2023:AHC:210821
Court No. - 80
Case :- CRIMINAL REVISION No. - 3104 of 2023
Revisionist :- Juvenile -X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Sanjay Kumar Om,Akash Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.
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 16.3.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Room No. 1, Deoria Criminal Appeal No. 92 of 2022 as well as order dated 2.12.2022 passed by Juvenile Justice Board, Deoria. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 161 of 2022, under Sections, 363, 366-A, 376 IPC & Section 3/4 POCSO Act, Police Station Rampur Karkhana, District Deoria.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 11 months and 5 days at the time of alleged offence. As per allegation in the F.I.R. victim was enticed away by the revisionist and physical relations were established by him with her. The statement of the victim was recorded under Section 164 Cr.P.C. before the learned Magistrate in which she stated clearly that she was in relation with the revisionist 7 years prior to alleged incident and there was conversation between both of them on mobile phone. On 18.5.2022 she went from her house with the revisionist and stayed in rented room at Deoria and also entered into marriage in Hanuman Temple and started living as husband and wife and physical relations were made between both of them on her will later on both of them caught arrest, it shows that she was volunteer and willing. No force or violence was used by the revisionist against her. It is further 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 16.6.2023 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.
Learned A.G.A. opposed the aforesaid prayer.
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.
Accordingly, the orders passed by Juvenile Justice Board dated 2.12.2022 and the appellate court dated 16.3.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed .
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:-
(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 :- 3.11.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the Juvenile Justice Board and appellate court erred in not considering the relevant provisions of Section 12 of the Juvenile Justice Act, 2015 and the report of the District Probation Officer
Whether to allow the criminal revision and grant bail to the juvenile delinquent.
Whether the orders passed by the lower authorities should be set aside due to lack of application of judicial mind.
1 provisions across 1 enactments
Subhash Chandra Sharma
Anurag Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
