X(Minor) v. State of U.P Thru.Princ. Sec. (Home) Lko and 3 Others

Court No. -80 Case :-CRIMINAL REVISION No. -4938 of 2023 Revisionist :-X(Minor) Opposite Party :-State Of U.P Thru.Princ. Sec. (Home) Lko And 3 Others Counsel for Revisionist :-Avnish Kumar Srivastava,Gyan Mani Singh Chauhan Counsel for Opposite Party :-G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for revisionist, as well as learned A.G.A. for State and perused the record. The present criminal revision has been preferred by the revisionist through his natural guardian 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 judgment and order dated 2.8.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Court No. 1, Deoria in Criminal Appeal No. 31 of 2023 as well as order dated 18.5.2023 passed by Juvenile Justice Board, Deoria. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 326 of 2022, under Sections 363, 366, 376 IPC & Section 3/4 POCSO Act, Police Station Rampur Karkhana, District Deoria. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 9 months and 19 days at the time of alleged offence. As per allegation in the F.I.R. the victim was enticed away by the revisionist. The statement of the victim was recorded before the learned Magistrate under Section 164 Cr.P.C. in which she stated that her age was to be 18 years and also she went with the revisionist to Ahemedabad by train where stayed at railway station, in the meantime, the father of the revisionist told them that the father of the victim has implicated him that was the reason both of them came back and no physical relations were established between both of them. She also expressed her desire to live with the revisionist, if married. It is also stated by her that her father was annoyed and also maltreated her, it shows that she was willing and consenting party. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 25.10.2022 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision. LearnedA.G.A. opposed the aforesaid prayer. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 18.5.2023 and the appellate court dated 2.8.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed. It is directed that delinquent/applicant be released on bail on executing personal 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 :- 9.11.2023 A. Singh High Court of Judicature at Allahabad