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

Court No. -80 Case :-CRIMINAL REVISION No. -4603 of 2023 Revisionist :-X-Juvenile Opposite Party :-State of U.P. and Another Counsel for Revisionist :-Pramod Kumar Maurya 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 father 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 27.6.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1, Gorakhpur in Criminal Appeal No. 100 of 2023 as well as order dated 18.5.2023 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 168 of 2022, under Sections 363, 366, 376, 506, 342 IPC & Section 5/6 POCSO Act, Police Station Sahjanawa, District Gorakhpur. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years 5 months and 22 days at the time of alleged offence. Further submitted that as per version in the F.I.R. the victim was enticed away by the revisionist with the help of aunt of the victim herself on 23.6.2022 but F.I.R. was lodged on 30.6.2022 after delay of seven days without any explanation thereto. In her statement under Section 161 Cr.P.C. the victim stated before the Investigating Officer that she went with the revisionist to Haryana where lived for the period of 3-4 months in a rented room and physical relations were established between both of them, thereafter under pressure of her aunt, the revisionist married her, thereafter she was brought back to Gorakhpur and in the way she was caught by the police, it shows that she was volunteer and willing. No force or violence was used by the revisionist against her. 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 29.11.2022 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. 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 18.5.2023 and the appellate court dated 27.6.2023 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 (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 :- 20.11.2023 A. Singh High Court of Judicature at Allahabad