Allowed

Juvenile Offender a v. State of U.P. and Another

Allahabad HC6 Oct 2023CRLR/4631/2023

Case brief

AI extract

What is this about?

Criminal revision filed by juvenile offender to set aside JJ Board and appellate court orders regarding convictions in a murder case. Court held JJ Board failed to apply Section 12 Juvenile Justice Act. Orders set aside; juvenile released on probationary bail with supervision conditions.

What did the court decide?

Orders of JJ Board and appellate court set aside; juvenile released on bail with probationary conditions for one year including supervision by Probation Officer.

Juvenile Offender a Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192418

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4631 of 2023

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Revisionist :- Juvenile Offender A Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Akhilesh Kumar Pandey,Shreesh Bahadur Tripathi Counsel for Opposite Party :- G.A.,Ravi Prakash Singh,Sanjay Kumar Mishra

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed on behalf of learned counsel on the part of brother of the deceased is taken on record.

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Heard learned counsel for the revisionist, learned counsel for the opposite party/ learned counsel on the part of brother of the deceased 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 her real maternal uncle with a prayer to allow this revision and set aside the judgment and order dated 19.04.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Amroha in Criminal Appeal No. 19 of 2023 as well as order dated 27.03.2023 passed by Juvenile Justice Board, Amroha. Further prayed to release the revisionist on bail in Case Crime No. 88 of 2022 under Section 302 I.P.C, Police Station Didauli, District Amroha.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident. It is further submitted that F.I.R. was lodged against unknown person with allegation that the deceased fell ill in the night of 05.03.2022/ 06.03.2022 and was taken to C.H.C. by 108 Ambulance where doctor declared him to be dead on the basis of suspicion due to sudden death request was made to conduct post mortem of the deceased. It is further submitted that during post mortem death of the deceased was found to be caused by throttling and there were six anti mortem injuries found on the dead body which indicate that the revisionist alone who was a girl cannot cause such type of injuries and throttling to the deceased. It is further submitted that during investigation the name of the present revisionist was also brought into light being an adopted daughter of the deceased and living in the same house but there is no any material on record to show that at the time of alleged incident she was present in the same room where incident is said to have taken place. It is also submitted that confessional statement of the revisionist was recorded by the I.O. on the basis of which she has been roped in this case. It is further submitted that co-accused Bobby has already been granted bail by Coordinate Bench of this Court in bail application No. 25466 of 2022 vide order dated 27.07.2023. It is further submitted that there is nothing adverse against the

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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. She is in Child Care Home since 13.03.2022 i.e. more than one and a half year and her 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 counsel on the part of brother of the deceased as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the revisionist was entangled with co-accused Bobby and after release she would come in association with him and her life will be in danger on account of bitterness within the families of the deceased and the revisionist. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, she cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.

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Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, the fact that co-accused has already been granted bail by Co-ordinate Bench of this Court, 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 27.03.2023 and the appellate court dated 19.04.2023 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 ( real maternal uncle 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/ real maternal uncle 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 real maternal uncle will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/ real maternal uncle will further furnish an undertaking to the effect that the juvenile will pursue her study at the appropriate level which she

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would be encouraged to do besides other constructive activities and not be allowed to waste her time in unproductive and excessive recreational pursuits.

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(iii) Juvenile and the revisionist/ real maternal uncle 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 :- 6.10.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Juvenile Offender a v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Juvenile Offender a v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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Statutes considered

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