Minor X v. State of UP and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 1984 of 2021 Revisionist :- Minor X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rabindra Bahadur Singh,Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.,Prem Chandra Dwivedi Hon'ble Subhash Chandra Sharma,J. Heard Shri Sushil Kumar Chaturvedi, learned counsel for the revisionist, Shri Prem Chandra Dwivedi, learned counsel for the opposite party no.2 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 25.01.2021 passed by learned Additional Sessions Judge, Court No.27/ Special Judge (POCSO Act), Agra, in Criminal Appeal No. 39 of 2020 as well as order dated 08.09.2020 passed by Juvenile Justice Board, Agra Further prayed to release the revisionist on bail in Case Crime No. 349 of 2019, under Sections 354(Ka), 363, 376(D) I.P.C. & 5(Chh)/6 Protection of Children from Sexual Offence Act, Police Station Khandauli, District Agra . It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years at the time of alleged incident and he is in Child Care Home since 18.09.2020 i.e., more than three years. It is further submitted that there is allegation of enticing of the victim by the revisionist and co-accused, Intzar, who is real brother of the revisionist, has already been granted bail by the coordinate Bench of this Court vide in Criminal Misc. Bail Application No.49940 of 2019. It is also submitted that there is no any material on record to show that the victim was enticed away by the revisionist except her statement. It is next submitted that during medical examination, no injury was found on her body. It is also submitted that she has also denied for internal examination by the doctor. It is next submitted that there is nothing on record to show that she was subjected to rape by the revisionist and other co-accused person. 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 18.09.2020 i.e. more than three years 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, 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. Accordingly, the orders passed by Juvenile Justice Board dated

08.09.2020 and the appellate court dated 25.01.2021 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 ( natural guardian 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/ natural guardian 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 natural guardian will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/ natural guardian 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/natural guardian 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 High Court of Judicature at Allahabad