Allowed

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

Allahabad HC28 Jul 2023CRLR/434/2023

Case brief

AI extract

What is this about?

High Court allowed criminal revision in a POCSO case, setting aside orders of the Juvenile Justice Board and Special Judge citing procedural lapse regarding s. 12 citation and probation report. Court allegedly overlooked relevant material, resulting in unjust conviction and custody.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; juvenile released on bail via father and two sureties with undertakings and probation reporting.

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

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Neutral Citation No. - 2023:AHC:151823

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 434 of 2023

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Revisionist :- X Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

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The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 07.01.2023 passed by learned Special Judge (POCSO Act), Rampur in Criminal Appeal No. 66 of 2022 as well as order dated 07.12.2022 passed by Juvenile Justice Board, Rampur. Further prayed to release the revisionist on bail in Case Crime No. 139 of 2022 under Section 341, 396, 511, 302, 34 of I.P.C. Police Station Bilaspur, District Rampur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years 9 months and 12 days at the time of alleged incident. It is further submitted that co-accused Balraj Singh Alias Ballu and Lalla Yadav Alias Krishna Prakash Yadav have already been granted bail by Co-ordinate Bench of this Court in criminal miscellaneous bail application No. 27826 of 2023 vide order dated 11.07.2023 and in criminal miscellaneous bail application No. 50484 of 2022 vide order dated 20.04.2023 respectively and the case of the present delinquent is on similar footing. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 06.05.2022 i.e. more than one year and his psychology is being affected adversely, therefore, requested to set aside orders 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 prayer as aforesaid.

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Considering the facts and circumstances of the case, submission made by learned

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counsel for the revisionist as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 07.12.2022 and the appellate court dated 07.01.2023 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 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 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.

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(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.

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(iii) Juvenile and the revisionist/ 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 :- 28.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA 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

Case brief

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