Allowed

Mr. X (Minor) v. State of U.P. and 3 Others

Allahabad HC22 Sept 2023CRLR/688/2023

Case brief

AI extract

What is this about?

Revising criminal appeal against POCSO orders, this court set aside the Juvenile Justice Board and appellate court orders for failing to apply judicial mind and consider s. 12 of the Juvenile Justice Act. The revision was allowed, and petitioner was granted bail on bonds.

What did the court decide?

Orders of JJB and appellate court set aside; petitioner released on bail with sureties and conditions regarding contact, education, and probation reporting.

Mr. X (Minor) Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184874

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 688 of 2023

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Revisionist :- Mr. X (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Satyendra Narayan Singh,Aarushi Khare,Bindeshwari Prasad Mishra

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Counsel for Opposite Party :- G.A.,Ram Prasad Yadav

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared for the opposite party even in the revised call.

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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 mother with a prayer to allow this revision and set aside the judgment and order dated 22.12.2022 passed by learned Additional Sessions Judge/ Special Judge Exclusive Court (POCSO Act), Basti in Criminal Appeal No. 61 of 2022 as well as order dated 18.08.2022 passed by Juvenile Justice Board, Basti. Further prayed to release the revisionist on bail in Case Crime No. 195 of 2021 under Section 366A, 376DA, 323, 504, 506 I.P.C., 3(1)r, 3(1)s, 3(2)(5), 3(2)(5A) SC/ST Act, 5G/6 POCSO Act, Police Station Dubauliya, District Basti.

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It is submitted by learned counsel for the revisionist that in this case as per allegation in F.I.R. the victim aged about 17 years was subjected to rape by the revisionist who was about 15 years at the time of alleged incident. The medical examination of the victim was conducted promptly but no any injury either external or internal was found on her person to suggest that rape was committed with her. It is also submitted that in her statement under Section 164 Cr.P.C. as recorded by learned Magistrate though she stated about commission of rape with her by the revisionist and also beaten by him but no any injury on her person was found to suggest that she was beaten by him. In this way, the statement made by the victim herself before the learned Magistrate does not get support from any material on record. 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

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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 01.12.2021 i.e. more than one and a half 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, 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 18.08.2022 and the appellate court dated 22.12.2022 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/ mother 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/ mother 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/ mother 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 :- 22.9.2023 Suraj Srivastav

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

Mr. X (Minor) v. State of U.P. and 3 Others

Case brief

What is this about?

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Mr. X (Minor) v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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