Allowed

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

Allahabad HC9 Aug 2023CRLR/5304/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision seeking to set aside orders by the Juvenile Justice Board and Special Judge. The revisionist argued that Section 12 of the Juvenile Justice Act was ignored. The Court set aside the lower orders for not applying its judicial mind to relevant provisions and material, granting bail on conditions.

What did the court decide?

The orders of the Juvenile Justice Board dated 03.09.2022 and the appellate court dated 19.10.2022 are set aside. The revision is allowed and the juvenile is released on bail with conditions.

X- Minor Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:160688

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5304 of 2022

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Revisionist :- X- Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Manish Kumar Niranjan 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 through his father with a prayer to allow this revision and set aside the judgment and order dated 19.10.2022 passed by learned Special Judge (POCSO Act), Jhansi in Criminal Appeal No. 68 of 2022 as well as order dated 03.09.2022 passed by Juvenile Justice Board, Jhansi. Further prayed to release the revisionist on bail in Case Crime No. 71 of 2022 under Section 363, 366, 376(3), 323, 342, 427, 506 I.P.C. and 3/4 POCSO Act and 3(2)/5 SC/ST Act, Police Station- Moth, District- Jhansi.

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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 and victim was also aged about 17 years as per version in F.I.R. It is further submitted that there was affair between both of them that was the reason she went with him voluntarily. In her statement under Section 164 Cr.P.C. as recorded by learned Magistrate, she admitted the fact that she went with delinquent to Panipat where they stayed in a rented room for a period of five days, but no any physical relation was made between both of them. It shows that the victim herself was volunteer and no any rape was committed by the delinquent with her, but during the course of the investigation Section 376 I.P.C. was added by the I.O. on the basis of improved mazeed statement of the victim which cannot be said to be reliable. 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 13.07.2022 i.e. more than one year 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 as well as learned A.G.A. for the State, the time delinquent remained in Child Care Home 13.07.2022, 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 03.09.2022 and the appellate court dated 19.10.2022 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 (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 further that the father 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

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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 :- 9.8.2023 M.S. Ansari

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Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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