Allowed

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

Allahabad HC31 Jul 2023CRLR/5211/2022

Case brief

AI extract

What is this about?

In this criminal revision, the High Court set aside orders by the Juvenile Justice Board and appellate court that failed to consider the Juvenile Justice Act and Probation Officer's report. The court allowed the revision and granted bail with strict supervision conditions.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; criminal revision allowed; delinquent granted bail upon executing person and two sureties bonds with undertakings.

X Vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:152943

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5211 of 2022 Revisionist :- X

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Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Yogesh Dutta Mishra,Manjulesh Kumar Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist 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 with a prayer to allow this revision and set aside the judgment and order dated 07.11.2022 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Sonebhadra in Criminal Appeal No. 49 of 2022 as well as order dated 17.10.2022 passed by Juvenile Justice Board, Sonebhadra. Further prayed to release the revisionist on bail in Case Crime No. 648 of 2022 under Sections 377, 506 IPC and Section 5M/6 of POCSO Act, Police StationRoberstganj, District Sonebhadra.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 11 years 4 months and 20 days at the time of alleged incident which took place on 27.08.2022 in which allegation regarding commission of rape with the victim (aged about 5 years) was made against him. During medical examination, no any injury either internal or external was found on the person of the victim to support the allegation that unnatural offence was committed by him but on account of rivalry, present FIR has been lodged against the delinquent. 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 04.09.2022 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 17.10.2022 and the appellate court dated 07.11.2022 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 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 v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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