Juvenile -X v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL REVISION No. - 3918 of 2023 Revisionist :- Juvenile -X Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Amarjeet Yadav,Vibha Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. 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 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 impugned judgment and order dated 17.05.2023 passed by Special Judge (POCSO Act), Azamgarh in Criminal Appeal No.111 of 2022 (Juvenile vs. State of U.P. and another) as well as order dated 21.11.2022 passed by Juvenile Justice Board, Azamgarh in Criminal Case No.181 of 2022 (State vs. Vishal Sonker) arising out of Case Crime No.130 of 2022, under Section 504, 506, 376, 120B I.P.C. & Section 3/4 POCSO Act, Police Station Raunapar, District Azamgarh 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 17 years and was juvenile at the time of alleged incident. As per allegation in F.I.R. there was relation between the revisionist and the victim aged between 16-18 years and physical relations were established between both of them and also promise to marry was made by the revisionist with her but later on he denied as a result present F.I.R. was lodged by the mother of the victim. It is further submitted the victim was volunteer and she was in relation with the revisionist prior to the alleged incident said to be committed on 14.02.2022. The statement of the victim was recorded u/s 164 Cr.P.C. before the learned Magistrate in which she admitted the fact that she was in relation with the revisionist. It is further submitted that the parents of the victim made pressure on the revisionist to marry about which his parents did not agree as a result present F.I.R. was lodged with false allegations after delay of three and a half months. 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

01.08.2023 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 victim was willing and consenting party, that the F.I.R. was lodged after delay of three and a half months of the alleged incident and role of the present delinquent, 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 21.11.2022 and the appellate court dated 17.05.2023 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 (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 natural guardian/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 natural guardian/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 natural guardian/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 :- 22.11.2023 Ashok Gupta High Court of Judicature at Allahabad