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

Court No. - 80 Case :- CRIMINAL REVISION No. - 129 of 2023 Revisionist :- X-Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Anupam Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.

¶1Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

¶2The 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 17.10.2022 passed by learned Lower Appellate Court in Cr. Appeal No. 89 of 2022, as well as order dated 22.09.2022 passed by Juvenile Justice Board, Shahjahanpur. Further prayed to release the revisionist on bail in Case Crime No. 500 of 2022, under Sections 376(ka)(kha) I.P.C. and 5-M/6 POCSO Act, Police Station-Banda, District-Shahjahanpur.

¶3It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 13 years at the time of alleged incident. It is further submitted that there is allegation of commission of rape with the victim by the revisionist in the field of sugarcane but no any such incident took place. There is no any evidence on record to show that the revisionist took the victim in the field of sugarcane and committed rape with her. It is further submitted that the incident is said to have taken place on 27.06.2022 and FIR was lodged after one day i.e. on

28.06.2022 without any explanation thereto. It is also submitted that on account of village rivalry, the FIR was lodged against the present revisionist by concocting 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.

¶4It 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 30.06.2022 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.

¶5Learned A.G.A. opposed the prayer as aforesaid.

¶6Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A. for the State, the age of the revisionist, the time delinquent remained in Child Care Home, 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.

¶7Accordingly, the orders passed by Juvenile Justice Board dated 22.09.2022 and the appellate court dated 17.10.2022 are, hereby, set aside and present criminal revision is hereby, allowed.

¶8It 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 :- 6.11.2023 Anjali High Court of Judicature at Allahabad