Xxxx- Juvenile v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL REVISION No. - 2868 of 2023 Revisionist :- Xxxx-Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ram Kirit Singh Counsel for Opposite Party :- G.A.,Janardan Yadav Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith 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 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 impugned judgment and order dated 15.05.2023 passed by Special Judge (POCSO Act) in Appeal No.1 of 2023 (Deepak Maurya vs. State of U.P.) preferred against the order dated 16.12.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Azamgarh in Case No.140 of 2022 (Deepak Maurya vs. State of U.P.) arising out of Case Crime No.325 of 2022, under Sections 363, 376 & 506 I.P.C. & 3/4 POCSO Act readwith Section 7/8 of POCSO Act, Police Station Nizamabad, District Azamgarh 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 15 years and was juvenile at the time of alleged incident. Further submitted that the victim was also aged about 14 years who was in relation with the revisionist two months prior to the alleged incident and she went with him voluntarily with her will. No any force or violence was used against her will and she also stated this fact before the I.O. during the course of investigation and also before the learned Magistrate when her statement u/s 164 Cr.P.C. was recorded. It is also submitted that in her statement she disclosed that she was taken by the revisionist to the house of his mausi where physical relations were establihsed by him in a room where outside his mausi was standing which does not inspire confidence that the revisionist will commit rape by force with the victim in presence of his mausi. No any hue and cry was made by the victim even in the way or in the school when she came back. Even at the time her parents were called in the school she did not disclose this fact but went to her house with her inmates. Later on, under pressure of her parents present F.I.R. was lodged after three days by concocting false story. 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 27.07.2022 (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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the victim was aged about 14 years and was minor, therefore, her consent cannot be said to be immaterial. 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, the victim was willing and consenting party and the period present 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

16.12.2022 and the appellate court dated 15.05.2023 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 Ashok Gupta High Court of Judicature at Allahabad