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

Court No. -80 Case :-CRIMINAL REVISION No. -5262 of 2023 Revisionist :-Juvenile -X Opposite Party :-State Of U.P. And 3 Others Counsel for Revisionist :-Shiv Prakash Gupta,Raghubir Singh 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 05.07.2023 passed by learned Juvenile Justice Board, Bulandshahr and order dated 22.08.2023 passed by Additional Sessions Judge/Special Judge POCSO Act, District Bulandshahr in Case Crime No.71 of 2021 in Criminal Appeal No.103 of 2023 (Juvenile X vs. State of U.P. and others) u/s 376-D, 506 I.P.C. & Section 5M/6 POCSO Act & Sectuion 67 I.T. Act, Police Station Kakod, District Bulandshahr 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 16 years and was juvenile at the time of alleged incident. Further submitted that the F.I.R. was lodged after delay of 19 days after the alleged incident without any explanation thereto by the father of the victim. As per allegation in F.I.R. rape was committed with the victim who was aged about 11 years by four persons including the present revisionist and video was also prepared by them but no any such video was taken into possession by the I.O. during the course of investigation. It is further submitted that during medical examination no any injury either old or fresh was found on the external or internal part of the body of the victim. Even on her private part no any injury was found which shows that four persons have never committed rape with the victim but with false allegations this F.I.R. has been lodged against the revisionist and other co-accused persons. Even the doctor has also opined that there was no sign of force against the victim. 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 19.03.2021 (i.e. more than two and a half years) 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 F.I.R. was delay was lodged after 19 days of the alleged incident, no any injury either external or internal was found on the person of the victim and the period present delinquent remained in child care home, 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 05.07.2023 and the appellate court dated 22.08.2023 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