Allowed

X- Juvenile v. State of U.P. and Another

Allahabad HC27 Sept 2023CRLR/5487/2022

Case brief

AI extract

What is this about?

This High Court revision set aside orders passed by the Juvenile Justice Board and the appellate court for failing to properly consider Section 12 of the Juvenile Justice Act and the Probation Officer's report, resulting in the revisionist's release on bail with conditions.

What did the court decide?

Orders of Juvenile Justice Board and appellate court set aside; revision allowed; juvenile released on bail with undertakings and probation supervision.

X- Juvenile Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188059

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 5487 of 2022

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Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashok Kumar,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Short counter affidavit filed by learned A.G.A. is taken on record.

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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 03.10.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Kanpur Nagar in Criminal Appeal No. 86 of 2022 as well as order dated 24.06.2022 passed by Juvenile Justice Board, Kanpur Nagar. Further prayed to release the revisionist on bail in Case Crime No. 787 of 2021 under Section 302 of I.P.C., Police Station Barra, District Kanpur Nagar.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years at the time of alleged incident. It is further submitted that as per version in F.I.R. the deceased was seen by the informant and his relative while going with the revisionist on 14.11.2021 and on 15.11.2021 the deceased was found injured in a lawn on the basis of information received from the neighbours. The deceased was taken to the hospital and in the way he succumbed two injuries. It is further submitted that the fact that deceased was taken away by the revisionist with him and this was seen by the informant and members of his family but no any query was made with them in the night when the deceased had not returned to his house. It shows that the revisionist had not committed the offence but the present F.I.R. was lodged afterthought and after three days of the alleged incident. It is also submitted that the recovery of Oppo mobile phone has

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been shown from the possession of the revisionist but it was planted by the police. It is also submitted that the clothes said to be recovered from the house of the revisionist were also planted by the police. In F.S.L. report blood stains were found on the aforesaid cloth but there is no any D.N.A. report regarding the source of blood. It is also submitted that now the inquiry is not likely to be completed. 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 19.11.2021 i.e. about two years 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, 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 24.06.2022 and the appellate court dated 03.10.2022 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

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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 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 :- 27.9.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

X- Juvenile v. State of U.P. and Another

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X- Juvenile v. State of U.P. and Another

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