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

Court No. - 80 Case :- CRIMINAL REVISION No. - 547 of 2023 Revisionist :- X-Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dur Vijay Singh Counsel for Opposite Party :- G.A.,Paritosh Sukla Hon'ble Subhash Chandra Sharma,J. List revised. None appeared on behalf of the opposite party even in the revised call. Heard learned counsel for the revisionist and 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 mother 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 03.11.2022 passed by the Juvenile Justice Board, Aligarh in Misc. Case No.211 of 2022 as well as order dated 03.01.2023 passed by Additional District & Session Judge/Special Judge (POCSO Act), Aligarh in Criminal Appeal No.146 of 2022 (Jeetu [Minor] vs. State of U.P. and another) arising out of Case Crime No.453 of 2022, under Section 377 I.P.C. & Section 5M/6 of POCSO Act, Police Station Banna Devi, District Aligarh 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 which took place on 11.06.2022 and the victim was also aged about 9 years at that time. As per allegation in F.I.R. sodomy was said to be committed by the revisionist with the victim. Further submitted that the revisionist is remained in child care home about one and a half years and enquiry is not possible to be concluded in near future. It is further submitted that the revisionist did not committed sodomy with the victim but he fell somewhere else and sustained injuries and the present F.I.R. was lodged against him on account of village rivalry. 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 12.06.2022 (i.e. about one and a half years) 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 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, the injured sustained injuries somewhere else 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

03.11.2022 and the appellate court dated 03.01.2023 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 :- 8.11.2023 Ashok Gupta High Court of Judicature at Allahabad