X- (Juvenile) v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 4492 of 2023 Revisionist :- X- (Juvenile) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Archna Singh Jadaun,Jitendra Pal Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for revisionist, learned A.G.A. for State and perused the record. The present criminal revision has been preferred by the revisionist through his natural guardian 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 24.7.2023 passed by learned Additional District & Sessions Judge/POCSO Court No. 1, Aligarh in Criminal Appeal No. 118 of 2023 as well as order dated 1.7.2023 passed by Juvenile Justice Board, Aligarh. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 45 of 2022, under Sections 498-A, 304-B IPC & Section 3/4 Dowry Prohibition Act, Police Station Jawan, District Aligarh. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 11 months and 3 days at the time of alleged offence. Further submitted that the deceased aged about 20 years was wedded wife of the revisionist. She was suffering from depression as a result she committed suicide by hanging regarding which an application was moved by the brother of the deceased before the S.H.O. concerned on the basis of which after post mortem steps were taken by the police but matter came to an end. Later on, after laps of one year F.I.R. was lodged on the basis of an application under Section 156(3) Cr.P.C. with false allegation of demand of dowry and harassment though there is no any such material on record. It is also submitted that Investigating Officer has specifically mentioned this fact in the case diary that the aforesaid application was given by the brother of the deceased regarding commission of suicide on the basis of which the inquest report and post mortem report was consigned to record room, later on after laps of one year present case was got registered and investigation was proceeded on, this shows that prima facie no case was found to be made out at the initial stage but later on after concoction this false case was registered. 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 4.6.2022 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 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 period of delinquent remained in jail, 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

1.7.2023 and the appellate court dated 24.7.2023 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 (natural guardian 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/natural guardian 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 natural guardian will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/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 besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

(iii) Juvenile and the revisionist/natural guardian 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 :- 30.10.2023 A. Singh High Court of Judicature at Allahabad