In a criminal revision, the High Court set aside orders of the Juvenile Justice Board and appellate court for failing to apply judicial mind to Section 12. The revision was allowed and the juvenile was granted bail with conditions.
Orders of J.J. Board and appellate court set aside; delinquent released on bail with conditions.
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Neutral Citation No. - 2023:AHC:194559
Court No. - 80
Case :- CRIMINAL REVISION No. - 3710 of 2023
Revisionist :- Juvenile-X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.,Vijendra Kumar Mishra
Hon'ble Subhash Chandra Sharma,J.
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.
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 judgment and order dated 6.6.2023 passed by learned Additional District & Sessions Judge (POCSO Act)-I, Gorakhpur in Criminal Appeal No. 84 of 2023 as well as order dated 11.5.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 77 of 2023, under Sections 363, 376, 504, 506 IPC & Section 3/4 POCSO Act and Section 3(2)(5) S.C./S.T. Act, Police Station Sikariganj, District Gorakhpur.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years, 7 months and 29 days at the time of alleged offence. Further submitted that victim was also aged about 15 years and there was affair between both of them that was the reason she went to the house of the revisionist from where she was brought back by her parents. There was conversation between both of them from mobile phone. The statement of the victim was recorded under Section 164 Cr.P.C. before the learned Magistrate in which she admitted the fact that she was known to the revisionist prior to alleged incident and mobile was also provided by him to make conversation with her, though on the day of alleged incident, she went to the house of the revisionist because he threatened her to commit suicide that was the reason she went there and stayed there for a period of 2-3 days but no any abuse or marpeet was committed by the revisionist with her, it shows that she was volunteer and willing. 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 20.4.2023 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.
Learned counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer.
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 11.5.2023 and the appellate court dated 6.6.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed .
It is directed that delinquent/applicant be released on bail on executing personal 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 revisionist/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 revisionist/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 revisionist/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 :- 10.10.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the orders of the Juvenile Justice Board and the appellate court are liable to be set aside for not considering relevant provisions under Section 12.
Whether the revisionist is entitled to release on bail in the pending criminal case.
2 provisions across 1 enactments
Juvenile-X
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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