Master Xxx Thru. His Father Y vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

Master Xxx Thru. His Father Y vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

Neutral Citation No. - 2024:AHC-LKO:22715

Court No. - 27

Case :- CRIMINAL REVISION No. - 17 of 2024

Revisionist :- Master Xxx Thru. His Father Y Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow And 3 Others

Counsel for Revisionist :- Akhilesh Singh Chauhan,Satyendra Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Satyendra Kumar Tiwari, learned counsel appearing for the revisionist, Sri Virendra Kumar, learned Additional Government Advocate and perused the record.

2. By means of the instant revision filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, the revisionist has challenged the validity of the order dated 10.11.2023 passed by the Juvenile Justice Board, Unnao rejecting his application for release on bail and the order dated 07.12.2023 passed by the Additional District and Sessions Judge, Court No.12 (POCSO Act), Unnao dismissing Criminal Appeal No.76 of 2023 filed by the revisionist against the order rejecting his bail application.

Opposite party No.2 filed FIR No.479 of 2023 on 19.06.2023 against 2 named persons, including the applicant, alleging that both the accused persons had raped the complainant's two minor daughters inside their house.

4. Medico legal examination report of the victims mention no signs of external or internal injury.

5. By means of the order dated 16.01.2024 the learned A.G.A. was directed to produce a copy of the pathological examination report of the victim.

6. The learned A.G.A.-I has produced a copy of the report submitted by the Forensic Science Laboratory, Mahanagar, Lucknow wherein it is mentioned that no spermatozoa or sperm was found in the smear examination.

7. A supplementary affidavit has been filed on behalf of the revisionist annexing therewith a copy of the Social Enquiry Report submitted by the District Probation Officer which does not contain any such recommendation as would satisfy continuous custody of the juvenile.

8. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the revision deserves to be allowed.

9 . Accordingly, this revision stands allowed. The order dated 10.11.2023 passed by the Juvenile Justice Board, Unnao rejecting his application for release on bail and the order dated 07.12.2023 passed by the Additional District and Sessions Judge, Court No.12 (POCSO Act), Unnao are set aside.

10 . Let the revisionist-Juvenile be released on bail in FIR No.479 of 2023 under Sections 376D, 452, 323, 504, 506 IPC, 3/4 POCSO Act, Police Station Kotwali District Unnao 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:-

(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;

(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.

(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.

(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.

11 . 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.

Order Date :- 14.3.2024 prateek

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