Juvenile -X v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL REVISION No. - 4704 of 2023 Revisionist :- Juvenile -X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.,Manjesh Singh Yadav Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A. for State and perused the record. 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 19.8.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Court)/Juvenile Court, Ghazipur in Criminal Appeal No. 59 of 2023 as well as order dated 21.7.2023 passed by Juvenile Justice Board, Ghazipur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 55 of 2023, under Sections 452, 376 IPC & Section 3/4 POCSO Act, Police Station Khanpur, District Ghazipur. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 7 months and 29 days at the time of alleged offence. Further submitted that victim was also aged about 14 years and was in love affair with him that was the reason, he was called by her on telephone at her home then he went there and physical relations were also established between both of them willingly and this matter came into the knowledge of the informant, grand father of the victim, present F.I.R. was lodged. The statement of the victim was recorded under Section 164 Cr.P.C. before the learned Magistrate in which she stated clearly that both became friends on facebook and there was conversation between both of them three months prior to the alleged incident. On the date of incident at about 1.30 in the night she called the revisionist on phone at her house then he went there and physical relations were established. She also stated that she was not willing to lay with him to establish physical relations but subsequently he pardoned that was the reason she forgave him and again both of them lied in the same room with each other and also became busy on mobile phone. In the meantime some other boys came and prepared video and made viral, it shows that the victim and revisionist both were willing and volunteer. 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 while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 25.4.2023 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. Learned counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer. 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 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. Accordingly, the orders passed by Juvenile Justice Board dated

21.7.2023 and the appellate court dated 19.8.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed. 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:-

(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.

(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.

(iii) Juvenile and the revisionist/father will report to the Probation Officer on the first Monday of every calendar month.

(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. Order Date :- 13.10.2023 A. Singh High Court of Judicature at Allahabad