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

Court No. -80 Case :-CRIMINAL REVISION No. -4295 of 2023 Revisionist :-Mr. X (Minor) Opposite Party :-State Of U.P. And 3 Others Counsel for Revisionist :-Hari Narayan Singh Counsel for Opposite Party :-G.A.,Rajnish Dubey Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed today by learned counsel for the revisionist is taken on record. 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 3.8.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1, Gorakhpur in Criminal Appeal No. 122 of 2023 as well as order dated 13.7.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 337 of 2023, under Sections 377 IPC & Section 5/6 POCSO Act, Police Station Ramgarhtal, District Gorakhpur. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 4 months and 24 days at the time of alleged offence. As per allegation in the F.I.R. sodomy is said to have been committed by the present revisionist with the child of informant aged about 5 years on 10.6.2023 but F.I.R. was lodged on 13.6.2023 after delay of three days without any explanation thereto. Further submitted that the father of the revisionist was owner of the house where the informant with the victim was living on rent. There was dispute regarding rent that was the reason present F.I.R. was lodged after concocting false story of sodomy. No any internal or external injury was found on the person of victim. There is nothing on record to show the complicity of the revisionist except the statement of the victim himself. 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 14.6.2023 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 and urged that in this case sodomy was committed by the revisionist with the child of the informant regarding which statement of the victim was recorded under Section 164 Cr.P.C. which supports the allegation as made in the F.I.R. Since medical examination was done after delay of four days that was the reason no any injury was found on his person in the medical report. 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 13.7.2023 and the appellate court dated 3.8.2023 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 :- 1.11.2023 A. Singh High Court of Judicature at Allahabad