Allowed

Juvenile a of Crime No. 176/2023 Thru. His Father Z v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC11 Jan 2024CRLR/12/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision filed by a juvenile. It set aside the lower court orders rejecting the bail and appeal, referencing the victim's retraction of rape allegations and the probation report. Bail was granted with specific guardianship and reporting conditions.

What did the court decide?

Criminal Revision allowed; impugned orders set aside; juvenile released on bail conditioned upon guardian furnishing a personal bond with sureties.

Juvenile a of Crime No. 176/2023 Thru. His Father Z vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:3266

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 12 of 2024 Revisionist :- Juvenile A Of Crime No. 176/2023 Thru. His Father Z Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Sanjay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Sanjay Kumar, learned counsel appearing for the revisionist and Sri Rakesh Kumar, learned Additional Government Advocate and perused the record.

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2. The instant revision has been filed for seeking quashing of the judgment and order dated 16.08.2023, passed by the learned Juvenile Justice Board, Hardoi and the judgment and order dated 11.12.2023, passed by the learned Special Judge, POCSO Act, District Lakhimpur Kheri in Case Crime No.176 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Nighasan, District Lakhimpur Kheri, whereby the bail application and appeal filed by the revisionist have been rejected.

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3. The FIR lodged by opposite party No.2 on 23.03.2023 against four persons, including the revisionist alleging that the revisionist had enticed away the informant's daughter aged 17 years.

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4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she knows the revisionist for past 3-4 months. On 17.03.2023, she had gone to the house of the revisionist, and on the suggestion of his father, the victim and the revisionist had gone to Nepalganj where the revisionist forcibly made physical relations with her. Thereafter, the revisionist family members demanded dowry for getting the revisionist married to the victim.

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5. In the statement of the victim recorded under Section 164 Cr.P.C., she did not allege commission of rape although other statements were similar to the statements made under Section 161 Cr.P.C.

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6. Medico legal examination report of the victim does not mention any mark of injury or sign of use of force.

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7. It has been stated in the affidavit filed in support of the revision that the revisionist is 16 years old innocent boy having no criminal history.

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8. Learned A.G.A. has opposed the revision and he has stated that the allegations leveled against the revisionist are serious in nature he has produced a copy of the Social Enquiry Report submitted by District Probation Officer, which states that the general opinion of persons regarding juvenile is good.

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9. Learned A.G.A. has further submitted that intimation of this revision has been given to the complainant but nobody has put in appearance on behalf of the complainant to oppose the revision.

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10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim and the revisionist, both are young persons and the revisionist is younger than the victim; that as per the statement of the victim, they were in a relationship for a past few months; that although the victim had alleged commission of rape in her statement under Section 161 Cr.P.C., she has retracted this allegation in her statement recorded by the Magistrate, keeping in view the report of the District Probation Officer, I am of the view that the revision deserves to be allowed.

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11 . Accordingly, this revision stands allowed. The order dated 16.08.2023, passed by the learned Juvenile Justice Board, Hardoi and the judgment and order dated 11.12.2023, passed by the learned Special Judge, POCSO Act, District Lakhimpur Kheri in Case Crime No.176 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Nighasan, District Lakhimpur Kheri are set aside.

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12 . Let the revisionist-Juvenile be released on bail in the aforesaid case upon his guardian furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board concerned subject to the following conditions:-

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(i) the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the guardian will ensure that the juvenile will not indulge in any criminal activity;

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(ii) 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.

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(iii) juvenile accompanied by his natural guardian, will report to the Probation Officer on the first working day of every calendar month. The D.P.O. shall maintain a diary recording their attendance.

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(iv) The District Probation Officer will keep 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.

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13. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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(Subhash Vidyarthi, J.)

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Order Date :- 11.1.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Juvenile a of Crime No. 176/2023 Thru. His Father Z v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Juvenile a of Crime No. 176/2023 Thru. His Father Z v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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