Allowed

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

Allahabad HC3 Oct 2023CRLR/4477/2023

Case brief

AI extract

What is this about?

Criminal Revision allowed setting aside orders by Juvenile Justice Board and appellate court for not applying judicial mind and considering Section 12 of Juvenile Justice Act, 2015; child released on bail with conditions.

What did the court decide?

Orders of J.J. Board dated 1.5.2023 and appellate court dated 19.7.2023 set aside; delinquent released on bail under personal bond and two sureties with conditions.

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

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Neutral Citation No. - 2023:AHC:188839

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4477 of 2023

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Revisionist :- X- Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Kamlesh Kumar Tiwari 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 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 19.7.2023 passed by learned Additional District & Special Sessions Judge (POCSO Act), Court No. 1, Gorakhpur in Criminal Appeal No. 77 of 2023 as well as order dated 1.5.2023 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. 96 of 2023, under Sections 363, 366, 376 IPC & Section 3/4 POCSO Act, Police Station Gulriha, District Gorakhpur.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 14 years at the time of alleged offence. Further submitted that the victim was also aged about 16 years and was in affair with the revisionist. Her statement under Section 164 Cr.P.C. was recorded before the learned Magistrate in which she stated clearly that she made conversation with the revisionist for a period of five months and on 6.2.2023 she went to Maharajganj with him on the promise of marriage where both of them stayed and physical relations were also established but later on, he denied for marriage, present F.I.R. was lodged which shows that she was volunteer and willing. No force or violence was used by the revisionist against the victim. 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 3.3.2023 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.

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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.

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Accordingly, the orders passed by Juvenile Justice Board dated 1.5.2023 and the appellate court dated 19.7.2023 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 (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 :- 3.10.2023 A. Singh

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

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

Case brief

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

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