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

Court No. - 80 Case :- CRIMINAL REVISION No. - 4413 of 2023 Revisionist :- X-Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Pradeep Kumar,Piyush Patel 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 grandfather 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 9.8.2023 passed by learned Child Court/ Additional Sessions Judge, Maharajganj in Criminal Appeal No. 28 of 2023 as well as order dated 1.7.2023 passed by Juvenile Justice Board, Maharajganj. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 149 of 2023, under Sections 377, 452 IPC & Section 5M/6 POCSO Act and Section 3(2)5 SC/ST Act, Police Station Nautanwa, District Maharajganj. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 13 years, 4 months and 15 days at the time of alleged offence. As per allegation in the F.I.R. sodomy was said to be committed by the revisionist with the son of the informant. It is further submitted that no any such act was done by the revisionist with the victim but he sustained injuries somewhere else and present F.I.R. was lodged against him on account of village rivalry with false allegation of committing sodomy. Incident is said to have been taken place on

16.5.2023 and medical examination was conducted on 17.5.2023 but the duration of injury was found up to two days old, it also shows that the injuries was sustained somewhere else on some other day not on 16.5.2023. 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 17.5.2023 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 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 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 9.8.2023 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 (grandfather 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/grandfather 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 grandfather will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/grandfather 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/grandfather 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 :- 2.11.2023 A. Singh High Court of Judicature at Allahabad