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

Court No. - 80 Case :- CRIMINAL REVISION No. - 5295 of 2023 Revisionist :- Juvenile X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mukesh Baghel Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Sri Suresh Dhar Dwivedi, learned counsel appeared and filed his vakalatnama on behalf of the opposite party no.2 today which is taken on record. Heard learned counsel for the revisionist as well as learned counsel for the opposite party no.2 alongwith 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 11.07.2023 passed by the court of Special Judge POCSO Act/Juvenile Court, Court No.8, Shahjahanpur in Criminal Appeal No.37 of 2023 (Juvenile in conflict with law vs. State of U.P. and another) and admitted the child in the conflict with law on bail under Section 12 of the Juvenile Justice Act, 2015. It is submitted that in this case the delinquent/applicant was aged about 15 years and was juvenile at the time of alleged incident and victim was also aged about 13 years who went to Himachal Pradesh with other co-accused persons namely Pooja, Sanjay and Vikas by train voluntarily and stayed there where physical relations were said to be established by the present revisionist and co-accused Awadh Bihari. It is also mentioned in the F.I.R. that she carried jewellery from her house with other co-accused persons which shows that she was willing and consenting party. During investigation the name of the revisionist was exonerated but during the course of trial statement of the witnesses were recorded and while exercising powers u/s 319 Cr.P.C. summoning order was made against the present revisionist also. There is no any material on record to show that rape was committed by the present revisionist with the victim. No any role of enticement of the victim has been assigned to the present revisionist. 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 01.12.2022 (i.e. about one year) 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contented that in this case rape was said to be committed by the present revisionist with other co-accused Awadh Bihari regarding which statement has been made by the victim herself before the learned trial court but the I.O. exonerated his name without considering the statement of the victim. 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, that no specific role has been assigned to the present revisionist 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

18.05.2023 and the appellate court dated 11.07.2023 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 :- 23.11.2023 Ashok Gupta High Court of Judicature at Allahabad