Ahmedabad High Court allowed a criminal revision seeking to set aside orders of JJB and appellate court which were passed without considering Section 12 of J.J. Act. Delinquent was released on bail.
Orders of JJ Board dated 2.6.2023 and appellate court dated 21.7.2023 set aside; delinquent released on bail with sureties and conditions.
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Neutral Citation No. - 2023:AHC:235702
Court No. - 80
Case :- CRIMINAL REVISION No. - 4321 of 2023
Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Saurabh Kumar,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, 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 21.7.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act)/Juvenile Court, Ghazipur in Criminal Appeal No. 48 of 2023 as well as order dated 2.6.2023 passed by Juvenile Justice Board, Ghazipur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 17 of 2023, under Section 376 IPC & Section 5L/6 POCSO Act, Police Station Birno, District Ghazipur.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 7 months and 18 days at the time of alleged offence. As per allegation in the F.I.R. there was relation between the victim and the revisionist about promise of marriage and rape was committed with her by the revisionist. Further submitted that the statement of the victim aged about 16 years was recorded under Section 164 Cr.P.C. before the learned Magistrate in which she accepted conversation between both of them on mobile phone and physical relations were also established with her will. She was in love with the revisionist, it shows that no physical relations were established by the revisionist with the victim against her will. 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 23.2.2023 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 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 2.6.2023 and the appellate court dated 21.7.2023 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 :- 13.12.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the orders of Juvenile Justice Board and Session's Court were passed without applying judicial mind considering relevant provisions under Section 12 of J.J. Act.
4 provisions across 3 enactments
X - Juvenile (Minor)
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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