Juvenile K v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL REVISION No. - 3748 of 2023 Revisionist :- Juvenile K Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.,Anil Kumar,Lav Kumar Dubey,Ramesh Kumar Singh Hon'ble Subhash Chandra Sharma,J. Counter affidavit filed today by learned counsel for opposite party no. 4 is taken on record. Heard learned counsel for revisionist, learned counsel for opposite party no. 4 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 26.6.2023 passed by learned Children Court/ Additional Sessions Judge/Special Judge (POCSO Act), Mirzapur in Criminal Appeal No. 23 of 2023 as well as order dated

24.5.2023 passed by Juvenile Justice Board, Mirzapur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 217 of 2022, under Sections 323, 506, 342, 377 IPC & Section 5m/6 POCSO Act, Police Station Kotwali Katra, District Mirzapur. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 14 years, 6 months and 28 days at the time of alleged offence. As per allegation in the F.I.R. sodomy was said to be committed by the present revisionist with other co-accused person with the victim aged about 7 years but during medical examination no any injury was found on the anus of the victim which shows that sodomy was not committed even the victim has also stated before the learned Magistrate while recording his statement under Section 164 Cr.P.C. that attempt of sodomy was made by the revisionist and other co-accused person. It is also submitted that the revisionist was also beaten by the informant side causing injury on his person regarding which N.C.R. No. 91 of 2022 was lodged on the same day in counterblast present F.I.R. was lodged on the basis of an application under Section 156(3) Cr.P.C. In this way, the incident as alleged in the F.I.R. cannot be said to be reliable but it is concocted. 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 15.12.2022 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 and urged that attempt of sodomy was made by the revisionist and other co-accused person with victim of tender age who made statement before the learned Magistrate and Investigating Officer during the course of investigation, it shows that attempt of sodomy was made by the revisionist, therefore, he cannot be entitled for bail. 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

24.5.2023 and the appellate court dated 26.6.2023 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 :- 17.10.2023 A. Singh High Court of Judicature at Allahabad