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

Court No. -80 Case :-CRIMINAL REVISION No. -694 of 2021 Revisionist :-X ( Juvenile ) Opposite Party :-State of U.P. and Another Counsel for Revisionist :-Ganesh Kumar Counsel for Opposite Party :-G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for revisionist, 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 18.12.2020 passed by learned Additional District & Sessions Judge/Special Judge other Court (POCSO Act), Basti in Criminal Appeal No. 1574 of 2020 as well as order dated 3.11.2020 passed by Juvenile Justice Board, Basti. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Session Case No. 2468 of 2020 arising out of Case Crime No. 52 of 2020, under Section 376 IPC & Section 5/6 POCSO Act, Police Station Dubauliya, District Basti. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years at the time of alleged offence. As per allegation in the F.I.R. molestation was done by the revisionist with child of tender year of age but during the course of investigation Section 376 IPC was added. Though during medical examination, no any injury was found on the person of the victim to show that rape was committed with her. F.I.R. was lodged after delay of seven days without any explanation thereto. On account of village rivalry, F.I.R. was lodged against him with false allegation. It is also submitted that there is nothing on record to show the complicity of present delinquent. 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 3.11.2020 i.e. more than three years 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. Learned A.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 3.11.2020 and the appellate court dated 18.12.2020 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 :- 16.11.2023 A. Singh High Court of Judicature at Allahabad