Mr. X v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL REVISION No. - 2827 of 2023 Revisionist :- Mr. X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Naveen Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. List revised. None appeared on behalf of the opposite party even in the revised call. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 27.04.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Shamli in Criminal Appeal No. 24 of 2023 as well as order dated 07.04.2023 passed by Juvenile Justice Board, Shamli. Further prayed to release the revisionist on bail in Case Crime No. 243 of 2022 under Section 363, 366, 376 DA, 506, 341 I.P.C. and 5G/6 POCSO Act, Police Station Aadarsh Mandi, District Shamli. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 at the time of alleged incident. It is further submitted that as per allegation in F.I.R. the victim was enticed away by the revisionist with other co-accused Farman and rape was committed with her. It is further submitted that she was volunteer and willy and went with the revisionist voluntarily but no rape was committed with her. She was medically examined but no any injury either external or internal was found on her person to suggest that rape was committed with her. There is no any material on record to show that rape was committed with the victim b the present revisionist with other co-accused person. It is also submitted that co-accused Farman has already been granted bail by Co-ordinate Bench of this Court in Criminal Miscellaneous Bail Application No. 10708 of 2023 by order dated 27.04.2023. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O. It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 19.11.2022 i.e. about one year and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision. 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. for the State, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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

07.04.2023 and the appellate court dated 27.04.2023 are, hereby, set aside and present criminal revision is hereby, allowed. It is directed that delinquent/applicant be released on bail on executing person 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 :- 31.10.2023 Suraj Srivastav High Court of Judicature at Allahabad