Criminal Revision allowed setting aside orders by Juvenile Justice Board and appellate court for not applying judicial mind under Section 12 of JJ Act, 2015. Delinquent released on bail with conditions.
Orders dated 27.6.2023 and 18.7.2023 set aside; delinquent released on bail with personal bond, two sureties, and specific conduct conditions.
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Neutral Citation No. - 2023:AHC:200214
Court No. - 80
Case :- CRIMINAL REVISION No. - 4595 of 2023
Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- R.D. Yadav 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 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 18.7.2023 passed by learned Additional District & Special Sessions Judge (POCSO Act)-I, Gorakhpur in Criminal Appeal No. 120 of 2023 as well as order dated 27.06.2023 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. 237 of 2023, under Sections 354Kha, 376, 323, 504, 506 IPC, Police Station Barhalganj, District Gorakhpur.
It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 3 months and 19 days at the time of alleged offence. As per version in the F.I.R. no any molestation and rape was made but during investigation the statement of victim was recorded by the Investigating Officer under Section 161 Cr.P.C. she made allegation of molestation and rape against the revisionist, though she herself lodged the F.I.R. Matter is related to matrimonial dispute between husband and wife but all members of the family have been involved in this case. During medical examination, no any injury was found on the person of the victim except complaint of pain. 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 25.4.2023 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 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 27.6.2023 and the appellate court dated 18.7.2023 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 (mother 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/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.
(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.
(iii) Juvenile and the revisionist/mother 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 :- 17.10.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Juvenile Justice Board and appellate court failed to consider provisions under Section 12 of the Juvenile Justice Act, 2015 and set aside the relevant orders.
Whether the delinquent should be released on bail subject to personal bond and sureties upon setting aside the impugned orders.
1 provisions across 1 enactments
X-Juvenile
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
