Allowed

X- Juvenile v. State of U.P. and Another

Allahabad HC11 Oct 2023CRLR/3546/2023

Case brief

AI extract

What is this about?

TheAllahabad High Court allowed a criminal revision under Section 102 of the Juvenile Justice Act to set aside lower court orders due to judicial omission. The court directed the release of the juvenile on bail with conditions.

What did the court decide?

Impugned orders of Juvenile Justice Board and appellate court set aside; juvenile released on bail with execution of bond and two sureties subject to supervisory conditions.

X- Juvenile Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195712

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3546 of 2023

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Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sadhna Upadhyaya Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Sri Pawan Kumar, learned counsel for the opposite party appeared and states that he has filed his vakalatnama on 09.10.2023 in the registry but inadvertently his name has not been shown in the cause list.

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Heard Ms. Sadhna Upadhyaya, learned counsel for the revisionist as well as Sri Pawan Kumar, learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on 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 impugned judgment and order dated 29.05.2023 and 02.02.2023 passed by the learned lower court u/s 101 and u/s 12 of the Juvenile Justice (Care and Protection of Children) Act-2015 and release the revisionist/delinquent on bail pending trial before the learned lower court in [Inquiry No.95/2022] Case Crime No.233 of 2022, under Sections 363, 376 I.P.C. & Section 3/4 POCSO Act-2012, Police Station Paniyra, District Maharajganj.

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It is submitted that in this case the delinquent/applicant was aged about 17 years and was juvenile at the time of alleged incident. The victim was also aged about 17 years at that time and both were in affair that was the reason she went with the delinquent from her house to Delhi where both of them lived in a room and physical relations were established between them which shows that the victim was willing and consenting party. No any force or violence was used by the delinquent against the will of the victim as is evident from the medical report. 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 26.10.2022 (i.e. about one year) 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

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with law.

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Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid.

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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 volunteer and consenting and the period present delinquent remained in child care home, 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 02.02.2023 and the appellate court dated 29.05.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.

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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 :-

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(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.

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(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.

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(iii) Juvenile and the natural guardian/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 :- 11.10.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

X- Juvenile v. State of U.P. and Another

Case brief

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X- Juvenile v. State of U.P. and Another

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