In a criminal revision, the Allahabad High Court set aside the orders of the Juvenile Justice Board and Special Judge as they failed to consider Section 12 of the J.J. Act. The petitioner was released on bail.
Release on bail upon executing personal bond and getting 2 sureties alongside conditions of supervision and social investigation reports.
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Neutral Citation No. - 2023:AHC:165134
Court No. - 80
Case :- CRIMINAL REVISION No. - 5050 of 2022 Revisionist :- Juvenile -X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Tej Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist as well as learned A.G.A. for State and perused the record.
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 5.11.2022 passed by learned Special Judge (POCSO Act), Auraiya in Crl. Appeal No. 29 of 2022 as well as order dated 13.9.2022 passed by Juvenile Justice Board, Auraiya. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.56 of 2022, under Sections 376D, 506 I.P.C and Section 5/6,11/12 POCSO Act, Police Station Erwakatara, District Auraiya.
It is submitted by learned counsel for the revisionist that the delinquent was aged about 17 years at the time of alleged incident and is languishing in Child Care Home since 31.3.2022 ie more than one year. It is further submitted that there is allegation of committing rape with the victim who was aged about 15 years by the delinquent but during the medical examination no any evidence of rape was found. There was no any external or internal injury on the person of the victim. It is also submitted that on account of village rivalry, the delinquent was named in the F.I.R. In the pathological report also no any dead or alive semen was found which suggest that no rape was committed with her. 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. The delinquent is in Juvenile Care Home since 31.3.2022 and 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. for the State opposed the prayer as aforesaid. 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 Principal Juvenile Justice Board dated 13.9.2022 and the appellate court dated 5.11.2022 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 (father 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/ 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.
(i)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.
(ii) Juvenile and the revisionist/father 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 :- 16.8.2023.G.S
Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the orders of the Juvenile Justice Board and appellate court passed without applying judicial mind considering relevant provisions under Section 12 of the J.J. Act are liable to be set aside?
1 provisions across 1 enactments
Juvenile -X
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
