X Juvenile v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 964 of 2023 Revisionist :- X Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anubhav Srivastava,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. 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 natural guardian with a prayer to allow this revision and set aside the judgment and order dated 11.01.2023 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Pilibhit in Criminal Appeal No. 56 of 2022 as well as order dated 02.11.2022 passed by Juvenile Justice Board, Pilibhit. Further prayed to release the revisionist on bail in Case Crime No. 399 of 2022 under Section 377 I.P.C. & 5(m)(6) POCSO Act, Police Station Barkheda, District Pilibhit. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident and he is Child Care Home since 22.09.2022. It is further submitted that there is allegations of sexual assault against the revisionist with a child of tender year but no any such injury was found on the body of the victim to suggest that sexual offence was committed with him. It is further submitted that injuries found on the person of the victim were caused somewhere else. It is also submitted that after concocting false story of sexual assault, the present F.I.R. was lodged against the revisionist on account of village rivalries. It is further submitted that there is nothing adverse to the interest of revisionist in the report filed by the 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 22.09.2022 i.e. about more than one year and one month 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 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 the revisionist 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

02.11.2022 and the appellate court dated 11.01.2023 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 /(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 revisionist/ 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 revisionist/ 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 revisionist/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 :- 6.11.2023 Shivangi High Court of Judicature at Allahabad