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

Court No. - 80 Case :- CRIMINAL REVISION No. - 4796 of 2023 Revisionist :- X (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ashutosh,Pavan Kumar Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the material on record. The present criminal revision has been preferred by the revisionist through his mother 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 impugned judgment and order dated 07.07.2023 passed by learned Special Judge POCSO Act/Additional Sessions Judge, Bareilly in Criminal Appeal No.06 of 2023 (Harish Chand vs. State of U.P.) by which confirming the order dated

24.01.2023 passed by Juvenile Justice Board, Bareilly under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 5015 in respect of Case Crime No.14 of 2022, under Sections 363, 376 I.P.C. and 5/6 The Protection of Children from Sexual Offences Act, 2012, Police Station Sirauli, District Bareilly and also prays to release the revisionist/delinquent on bail in the aforesaid case. It is submitted that in this case the delinquent/applicant was aged about 17 years and was juvenile at the time of alleged incident. Further submitted that victim was aged about 19 years who went with the revisionist voluntarily with her will and lived in Haryana and then in Bihar but no any such complaint was made by her that she was taken away forcefully by the revisionist. It is also submitted that the victim went from her home on 19.10.2021 but no any missing report or F.I.R. was lodged by her inmates. Later on, the F.I.R. was lodged after three months on 05.01.2022 on the basis of an application u/s 156(3) Cr.P.C. It is further submitted that majid statement of the informant was recorded by the I.O. during the course of investigation in which he stated clearly that there was compromise between the parties but he was not happy with the compromise that was the reason he lodged the present F.I.R. against the revisionist and all his family members. This shows that the victim was volunteer and willing and no any force or violence was used against her by the revisionist. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 10.06.2022 (i.e. more than one year) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer, that the F.I.R. was lodged after delay of three months and the period present revisionist/delinquent remained in child care home, 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. Accordingly, the orders passed by Juvenile Justice Board dated 24.01.2023 and the appellate court dated 07.07.2023. are, hereby, set aside and the present criminal revision is hereby, allowed. It is directed that delinquent/applicant be released on bail in the aforesaid case 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 :-

(i) The natural guardian/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.

(ii) The natural guardian/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.

(iii) Juvenile and the natural guardian/mother 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 :- 19.10.2023/Ashok Gupta High Court of Judicature at Allahabad