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

Court No. -80 Case :-CRIMINAL REVISION No. -2947 of 2023 Revisionist :-X-Minor Opposite Party :-State of U.P. and Another Counsel for Revisionist :-Shahroze Khan,Mohammad Zafar Yab Khan Counsel for Opposite Party :-G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 02.05.2023 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Siddharth Nagar in Criminal Appeal No. 17 of 2023 as well as order dated 11.04.2023 passed by Juvenile Justice Board, Siddharth Nagar. Further prayed to release the revisionist on bail in Case Crime No. 35 of 2023 under Sections 376-A.B. I.P.C. and Section 5/6 POCSO Act, Police Station Siddharth Nagar, District Siddharth Nagar. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 13 years at the time of alleged incident. It is further submitted that as per allegation in F.I.R. rape was committed by him with the victim aged about 5 years. During medical examination no any injury either external or internal was found on the person of the victim. It shows that no rape was committed with her except the allegation in F.I.R. which is false. The statement of the victim was also recorded under Section 164 Cr.P.C. before the learned Magistrate in which she stated that finger was entered into the private part by the revisionist and she sustained injuries on her person but this statement does not get support from the medical report which was prepared promptly just after the commission of the alleged incident. In this way, there is nothing on record to show that rape was committed with the victim by the present revisionist. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O. It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 12.02.2023 i.e. more than nine months and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision. 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. for the State, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, 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 11.04.2023 and the appellate court dated 02.05.2023 are, hereby, set aside and present criminal revision is hereby, allowed. It is directed that delinquent/applicant be released on bail 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 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 :- 24.11.2023 Suraj Srivastav High Court of Judicature at Allahabad