X v. State of U.P. and Another

Court No. -80 Case :-CRIMINAL REVISION No. -4533 of 2023 Revisionist :-X Opposite Party :-State of U.P. and Another Counsel for Revisionist :-Pankaj Sharma,Prashant Sharma 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 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 judgment and order dated 27.7.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act)-I, Hathras in Criminal Appeal No. 50 of 2023 as well as order dated 14.7.2023 passed by Juvenile Justice Board, Hathras. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 359 of 2022, under Sections 304 IPC, Police Station Sasni, District Hathras. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 15 years and 8 months at the time of alleged offence. There is allegation of making assault on the deceased with his father who has already been granted regular bail by coordinate Bench of this Court. The incident is said to have taken place on 1.10.2022 and F.I.R. was lodged on 9.11.2022 after delay of 38 days without any explanation thereto. The role of making assault with brick was made against the present revisionist but there is no any eye witness of the incident. It is also submitted that during postmortem of the deceased infected injuries were found on his person which cannot be said to be caused by the present revisionist. 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 20.2.2023 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 14.7.2023 and the appellate court dated 27.7.2023 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 (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 revisionist/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 revisionist/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 revisionist/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 :- 20.11.2023 A. Singh High Court of Judicature at Allahabad