Allowed

X (Minor) v. State of Up and Another

Allahabad HC3 Jul 2023CRLR/681/2020

Case brief

AI extract

What is this about?

Criminal Revision allowed. The Allahabad High Court set aside orders of the Juvenile Justice Board and appellate court for impropriety in applying judicial mind and ignoring material under Section 12 of the J.J. Act, directing release of the minor on bail with supervision.

What did the court decide?

Orders of J.J. Board and appellate court set aside; minor released on bail via father's personal bond and two sureties under strict supervision conditions regarding education, association, and probati

X (Minor) Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130738

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 681 of 2020

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Revisionist :- Boby @ Boby Dewal (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Bhaju Ram Pprasad Sharma,Akhilesh Kumar Pandey,Arvind Kumar Srivastava,Pawan Kumar 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, 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 18.1.2020 passed by learned Session Judge, Maharajganj in Criminal Appeal No. 64 of 2019 as well as order dated 29.11.2019 passed by Juvenile Justice Board, Maharajganj. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 190 of 2019, under Sections 363, 376, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Paniyara, District Maharajganj.

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It is submitted by learned counsel for the revisionist that he is innocent and has been falsely implicated in this case. At the time of the alleged incident, the revisionist was minor and not in a position to understand the nature of the act. It is also submitted that the delinquent has no criminal history and has not committed any offence. There is no possibility of the delinquent to come into the contact with the other criminals. The revisionist is father of the delinquent in whose custody he may be released. It is also submitted that the learned Juvenile Justice Board did not consider the fact and circumstance of the case with the material on record. Even the report of the Probation Officer was not considered by him. Likewise the learned appellate Court also did not consider the material available on record. It is further submitted that now the statement of victim has been recorded before the learned Special Judge in which the victim did not support the allegations as made against the delinquent for committing the rape with her but she categorically denied the fact and stated that the

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delinquent never met to her and no any rape was committed by him with her with other co-accused person. Even during cross examination, by the Special Public Prosecutor, nothing was brought to show the culpability of present delinquent. It is also submitted that there is nothing on record to show the complicity of present delinquent. 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 22.08.2019 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 but could not dispute the statement as deposed by the victim herself before the learned appellate court.

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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 order 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 29.11.2019 and the appellate court dated 18.1.2020 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 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 :- 3.7.2023

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G.S

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

X (Minor) v. State of Up and Another

Case brief

What is this about?

What did the court decide?

X (Minor) v. State of Up and Another

Case brief

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