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

Court No. -80 Case :-CRIMINAL REVISION No. -3479 of 2023 Revisionist :-Mr. Juvenile X (Minor) Opposite Party :-State Of U.P. And 3 Others Counsel for Revisionist :-Vinay Kumar Pathak Counsel for Opposite Party :-G.A.,Rayoof Ali 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 26.05.2023 passed by learned Additional Sessions Judge/Special Judge, Unique Court (POCSO Act), Basti in Criminal Appeal No.22/2023 (Vineet Kumar Pandey vs. State of U.P. & another) arising out of Case Crime No.31 of 2022 under Sections 363, 366, 376 I.P.C. & Section 3/4 POCSO Act-2012, Police Station Chhawani, District Basti as well as the order dated 19.04.2023 passed by Juvenile Justice Board, Basti 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 as per allegation in F.I.R. the victim was enticed away by the revisionist. The statement of the victim was recorded before the learned Magistrate u/s 164 Cr.P.C. in which she stated clearly that she was in relation with the revisionist two years prior to the alleged incident and there was conversation between them on the mobile phone as revisionist was her school friend. She also stated that she went with the revisionist to Kanpur where they lived in a rented room for two months and physical relations were also established between them which shows that he was willing and consenting party who went from her home voluntarily. 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 03.05.2022 (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. 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, that 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 19.04.2023 and the appellate court dated 26.05.2023 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 :- 2.11.2023 Ashok Gupta High Court of Judicature at Allahabad