Allowed

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

Allahabad HC19 Sept 2023CRLR/3366/2023

Case brief

AI extract

What is this about?

Hon'ble Single Judge set aside orders of Juvenile Justice Board and Additional Sessions Judge for not considering Section 12 of the Juvenile Justice Act. Delinquent released on bail by natural guardian with strict conditions regarding supervision, studies, and social interaction.

What did the court decide?

Impugned orders set aside; delinquent released on bail by natural guardian and two sureties subject to conditions of supervision, education, and reporting.

Juvenile -X Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:180257

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3366 of 2023

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Revisionist :- Juvenile -X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as 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 natural guardian 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 23.5.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar in Criminal Appeal No. 19 of 2023 as well as order dated 19.4.2023 passed by Juvenile Justice Board, Sant Kabir Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 415 of 2022, under Sections 363, 366, 376(3) IPC & Section 5/6, 16/17 POCSO Act and Section 3(2)5, 3(2)(5a) S.C./S.T. Act, Police Station Dudhara, District Sant Kabir Nagar.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years, 10 months and 26 days at the time of alleged offence. The victim was also aged about 20 years and was volunteer. The relation was established by the revisionist with her will. The statement of victim as recorded under Section 164 Cr.P.C. shows that she went with the delinquent by train to Ranchi where lived for a period of 15-20 days and then to West Bengal where she lived for a period of 8 days then made a call to her brother and then come back to her house with her brother. She was volunteer and willingness. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 25.1.2023 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.

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Learned counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid

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prayer.

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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 19.4.2023 and the appellate court dated 23.5.2023 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 (natural guardian 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/natural guardian 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 natural guardian will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/natural guardian 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/natural guardian 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 :- 19.9.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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