Allowed

X (Minor) v. State of Up Thought Principles Secretary( Home) and 3 Others

Allahabad HC3 Nov 2023CRLR/3644/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision under Section 102 of the JJ Act, 2015. The Court held that the lower court and JJB failed to apply their mind to Section 12 and the DPO report. The impugned orders were set aside and the minor was released on bail with strict conditions.

What did the court decide?

Set aside orders of JJB and appellate court; release revisionist on bail via personal bond and two sureties subject to specific supervisory conditions.

X (Minor) Vs State of Up Thought Principles… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:210812

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3644 of 2023

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Revisionist :- X (Minor)

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Opposite Party :- State Of Up Thought Principles Secretary( Home) And 3 Others Counsel for Revisionist :- Chandan Bhagat 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 22.3.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Hapur in Criminal Appeal No. 10 of 2023 as well as order dated 22.2.2023 passed by Juvenile Justice Board, Hapur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 965 of 2022, under Sections 376-AB, 323 IPC & Section 5M/6 POCSO Act, Police Station Hapur Nagar, District Hapur.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 5 months and 29 days at the time of alleged offence. As per allegation in the F.I.R. revisionist is said to have molested the victim of tender years of age. Initially F.I.R. was lodged under Section 354, 354Kha IPC and Section 9m/10 POCSO Act but during the course of investigation Section 376-AB was also added. In the statement of the victim no where it is said that rape was committed with her. During medical examination no any internal or external injury was found on the person of the victim to suggest that rape was committed with her or attempt was made in this regard. .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 23.11.2022 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 A.G.A. opposed the aforesaid 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. Accordingly, the orders passed by Juvenile Justice Board dated 22.2.2023 and the appellate court dated 22.3.2023 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 (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 mother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/mother 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/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 :- 3.11.2023 A. Singh

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

X (Minor) v. State of Up Thought Principles Secretary( Home) and 3 Others

Case brief

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X (Minor) v. State of Up Thought Principles Secretary( Home) and 3 Others

Case brief

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What did the court decide?

What the court decided

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