Revising challenge to bail rejection and conviction order by Juvenile Justice Board under POCSO and IPC. Court set aside impugned orders for judicial impropriety and released juvenile on bail with conditions.
Impugned orders set aside and delinquent released on bail with person bond and conditions.
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Neutral Citation No. - 2023:AHC:195705
Court No. - 80
Case :- CRIMINAL REVISION No. - 3426 of 2023 Revisionist :- 'S' Son Of Dev Narayan Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Naveen Kumar Yadav,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the material on 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 impugned judgment and order dated 25.05.2023 passed by Additional Sessions Judge/Special Judge (POCSO) Act, Sant Kabir Nagar in Criminal Appeal No.0026 of 2023 (CNR No.UPSK010015262023) (Shailendra Yadav vs. State of U.P.) thereby appeal has been rejected filed against the order dated 17.05.2023 passed by Juvenile Justice Board, Sant Kabir Nagar in Bail Application No.39 of 2023 (State vs. "S") arising out of Case Crime No.004 of 2023 under Sections 376, 323, 504 I.P.C. & Section 3/4 POCSO Act, Police Station Mehdawal, District Sant Kabir Nagar and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 16 years and was juvenile at the time of alleged incident. Further submitted that as per allegation in F.I.R. the victim was enticed away by the delinquent and physical relations were established with her. It is also submitted that the medical determination of age of the victim was done in which she was found about 20 years of age. The statement of the victim was recorded u/s 164 Cr.P.C. before the learned Magistrate in which she disclosed the fact that she was known to the delinquent one year prior to the alleged incident and there was conversation on mobile phone between both of them. She went to the house of the delinquent on the date of incident where physical relations were established with her. In her absence her younger brother informed the mother that she was not present at home as a result her mother came and was narrated the whole story as a result this F.I.R. was lodged. It shows that both of them were in affair and the victim was volunteer. During medical examination no any injury either external or internal was found on the person of the victim to suggest that force or violence was used by the delinquent against her will. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since
04.01.2023 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 present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
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 as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, the victim was willing and volunteer and the role of the present delinquent, 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 17.05.2023 and the appellate court dated 25.05.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 11.10.2023/Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the order impugned against delinquent by Juvenile Justice Board and Additional Sessions Judge should be set aside for not considering relevant provisions.
Whether delinquent should be released on bail on probation.
Whether the revisionist petition under Section 102 of Juvenile Justice Act can be allowed.
6 provisions across 3 enactments
S
State of U.P.
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
