Allowed

X- Juvenile (Minor) v. State of U.P. and Another

Allahabad HC31 Jul 2023CRLR/4907/2022

Case brief

AI extract

What is this about?

In a criminal revision, the Allahabad High Court set aside orders by the Juvenile Justice Board and appellate court for not considering facts under Section 12 of the Juvenile Justice Act. The High Court allowed the revision and granted bail to the juvenile subject to strict conditions.

What did the court decide?

Set aside Juvenile Justice Board and appellate court orders; released applicant on bail with personal bond and two sureties under specific conditions.

X- Juvenile (Minor) Vs State of U.P. and… — Child Custody and Guardianship | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:153036

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4907 of 2022

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Revisionist :- X- Juvenile (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Hari Narayan Singh,Dharmendra Kumar Shukla

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Counsel for Opposite Party :- G.A.,Kripesh Mishra

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appears for the Opposite Party No.4.

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

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The present criminal revision has been preferred by the revisionist with a prayer to allow this revision and set aside the judgment and order dated 03.11.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Gorakhpur in Criminal Appeal No. 152 of 2022 as well as order dated 12.10.2022 passed by Juvenile Justice Board, Gorakhpur. Further prayed to release the revisionist on bail in Case Crime No.208 of 2022 under Sections 363, 366, 376(3), 342 I.P.C. and 5/6 POCSO Act, Police Station- Geeda, District- Gorakhpur.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that the victim was aged about 16 years when she voluntarily left her home, regarding which a missing report was lodged by her mother. The statement of the victim under Section 164 CrPC was recorded by the learned Magistrate. She expressly stated that being annoyed with her mother she went to the house of her bua and when she was coming back to her home she met the present delinquent who was known to her for a period of one year. She accompanied him but physical relationship established by the delinquent was against her will. It appears from her statement that the FIR was lodged on pressure of police though she was a willing and consenting party because the delinquent was well known to her prior to the alleged incident. It is next submitted that during medical examination, no any injury either internal or external was found on the person of the victim. 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 06.07.2022 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 counsel for the revisionist, 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 12.10.2022 and the appellate court dated 03.11.2022 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 (mother 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/ natural guardian 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.

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(ii) The revisionist/ natural guardian 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/ natural guardian will report to

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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 :- 31.7.2023 P Kesari

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

X- Juvenile (Minor) v. State of U.P. and Another

Case brief

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X- Juvenile (Minor) v. State of U.P. and Another

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