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

Court No. -80 Case :-CRIMINAL REVISION No. -4121 of 2023 Revisionist :-X (Minor) Opposite Party :-State Of U.P. And 3 Others Counsel for Revisionist :-Rajiv Sisodia,Mohd. Naushad,Virendra Singh Tomar Counsel for Opposite Party :-G.A.,Mohd. Wasim Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party 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 mother with a prayer to allow this revision and set aside the judgment and order dated 17.06.2023 passed by learned Additional District & Sessions Judge/ Special Judge (POCSO Act), Muzaffarnagar in Criminal Appeal No. 19 of 2023 as well as order dated 14.03.2023 passed by Juvenile Justice Board, Muzaffarnagar. Further prayed to release the revisionist on bail in Case Crime No. 318 of 2022 under Section 376, 506 I.P.C. and Section 3/4 (2) POCSO Act and 3(2)V SC/ST Act, Police Station Khatauli, District Muzaffarnagar. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 at the time of alleged incident. It is further submitted that as per allegation in F.I.R. rape was committed with the victim by the revisionist and for commission of rape she was taken to the bush by dragging her by the revisionist. It is further submitted that medical examination was also conducted but no any external or internal injury was found on her person to suggest that she was dragged and taken into the bush and rape was committed with her. There was no any injury on private part to suggest that penetration was done by the revisionist with her. Her hymen was also intact. It is also submitted that in Pathological report no any sperm was found to suggest that any such act was done with her. There is nothing on record to show that the revisionist committed rape with her except her statement. It is also submitted that F.I.R. was lodged after delay of one day without any explanation but on account of village rivalry by concocting a false story. 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 26.06.2022 i.e. more than 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed. Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. for the State, perusal of record, 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 14.03.2023 and the appellate court dated 17.06.2023 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 ( mother 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/ mother 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 mother will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/ mother 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/ mother 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 Suraj Srivastav High Court of Judicature at Allahabad