Allowed

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

Allahabad HC19 Jul 2023CRLR/5101/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision under Section 102 of the J.J. Act, 2015, setting aside orders by the Juvenile Justice Board and appellate court for failing to consider Section 12 provisions and the D.P.O. report. It directed the release of the minor on bail with strict supervision conditions.

What did the court decide?

Orders of J.J. Board and appellate court set aside; minor released on bail with personal bond and sureties under supervision.

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

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Neutral Citation No. - 2023:AHC:144428

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5101 of 2022

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Revisionist :- X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Atmaram Nadiwal,Dinesh Kumar Yadav 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 as well as 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 2.11.2022 passed by learned Additional Session Judge/Special Judge (POCSO Act), Mahrajganj in Crl. Appeal No. 40 of 2021 as well as order dated 3.9.2022 passed by Juvenile Justice Board, Mahrajganj. Further prayed to stay the operation of the 366,aforesaid orders and to release the revisionist on bail in Case Crime No.252 of 2021, under Sections 363,376 IPC and Section 3/4 (POCSO Act), Police Station Paniyara, District Mahrajganj.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years, seven months and 24 days at the time of alleged incident and is languishing in Child Care Home since 12.5.2022. It is further submitted that the victim was aged about 19 years at the time of alleged incident and went with delinquent voluntarily and no any force or violence was used by the delinquent. Prior to the alleged incident she went with the delinquent to Lucknow where she stayed with him. Thereafter she went to Mumbai where she entered into marriage and physical relations were also established. It shows that the victim was major and consenting party but this F.I.R has been lodged by the mother of the victim with ulterior motive.

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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

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Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since 12.5.2022 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.

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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.

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Accordingly, the orders passed by Principal Juvenile Justice Board dated 3.9.2022 and the appellate court dated 2.11.2022 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 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 father that the mother 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 :- 19.7.2023 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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