Allowed

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

Allahabad HC7 Jul 2023CRLR/3627/2022

Case brief

AI extract

What is this about?

In this criminal revision, the Allahabad High Court set aside orders refusing bail to a 17-year and 5-month-old juvenile accused under POCSO and IPC sections. The court held that the lower courts failed to consider Section 12 of the Juvenile Justice Act and medical reports indicating no injury upon the victim. Bail was granted subject to strict conditions including prohibition of association with

What did the court decide?

Juvenile released on bail via mother and two sureties, subject to conditions prohibiting association with criminals, ensuring studies, and mandatory probation officer reports.

Juvenile -X Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135088

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3627 of 2022 Revisionist :- Juvenile -X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Anil Kumar 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 mother 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 6.1.2022 passed by Additional District Judge/Special Judge, POCSO Act,, Hamirpur in Criminal Appeal No. 11 of 2021 as well as order dated 27.7.2021 passed by Juvenile Justice Board, Hamirpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.280 of 2020, under Sections 376(AB) 342 I.P.C and 6 POCSO Act, Police Station Kotwali Nagar, District Hamirpur.

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It is submitted by learned counsel for the revisionist that in this case the F.I.R was lodged by the mother of the victim against the delinquent who is dewar on account of family dispute for committing rape with her by taking her into house when she was playing out side of her room. It is further submitted that the allegation of rape has been made against the delinquent even in the F.I.R and the statement of the victim under section 164 Cr.P.C before the Court. The incident took place on 19.12.2020 and medical examination was conducted on 20.12.2020 promptly but the medical report indicates that there was no any external or internal injury on the person of the victim. It is categorically mentioned by the doctor that there was no any mark of injury, margin clear, no tear hymen, not ruptured, Opening very small. No injury on perenial. No vaginal swab could be taken because Hymen was intact & Hymen opening was very small not able to pass swab stick. Vaginal swab could not be taken. It clearly indicates that no any penetration was made to the victim. In this case the allegation as made by the informant and the victim against the delinquent does not get support from any material on record. It is further submitted that there is nothing adverse to the

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interest of the delinquent in the report submitted by the D.P.O. Now the age of delinquent is seventeen years five months and 15 days and he is in Child Care Home since 20.12.2020. Learned Juvenile Justice Board as well as learned appellate court did not consider this fact while rejecting the bail application and the appeal. Even the provisions of section 12 of the Act were also not considered. In this way the order passed by both the courts below cannot be said in conformity with law but are liable to be set aside.

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Learned A.G.A. for the State opposed the prayer as aforesaid but could not dispute the facts as mentioned in the medical report.

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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 of the 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 order 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 27.7.2021 and the appellate court dated 6.1.2022 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 ( mother 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/mother 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/mother will mother 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/mother 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 :- 7.7.2023 G.S

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

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

Case brief

What is this about?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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