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

Court No. -80 Case :-CRIMINAL REVISION No. -5362 of 2022 Revisionist :-X-Juvenile Opposite Party :-State Of U.P. And 3 Others Counsel for Revisionist :-Ashutosh Pandey,Ramesh Chandra Yadav Counsel for Opposite Party :-G.A.,Rajesh Kumar Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party 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 grand father with a prayer to allow this revision and set aside the judgment and order dated 05.12.2022 passed by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Agra in Criminal Appeal No. 139 of 2022 as well as order dated 18.11.2022 passed by Juvenile Justice Board, Agra. Further prayed to release the revisionist on bail in Case Crime No. 359 of 2022 under Sections 376, 328, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Shahganj, District Agra. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident. It is further submitted that as per in F.I.R. there was friendship between the victim and the revisionist on mobile phone and chatting was also made between both of them resulting in establishment of physical relations in hotels though allegation has been made on the part of the victim that it was under the influence of intoxication and also obscene photographs were snapped by the revisionist which were said to be made viral. Further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. before the learned Magistrate in which she explained all the facts those were mentioned in the F.I.R. showing her relation with the revisionist prior to the alleged incident. Even in medical report there is nothing such as to why use of violence or force was used with her by the 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 20.07.2022 i.e. more than one and a half years 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 counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the behaviour with the revisionist is not good even in Child Care Home he is used to quarrel with other co-accused persons, as a result a report was sent by the warden of the Child Care Home to the Principal Judge J.J. Board in pursuance to which his detention place was changed from Agra to Moradabad. It is also contended that mobile calls are being made by the revisionist on the mobile phone of inmate of the victim with threats regarding which an F.I.R. has also been lodged which is under investigation. It shows that the behaviour of the revisionist is not good and in case he is released on bail he will come in association with known criminals. Considering the facts and circumstances of the case, submission made by learned counsel for both the parties 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 18.11.2022 and the appellate court dated 05.12.2022 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 ( grand 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/ grand 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 grand father will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/ grand 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/ grand 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 :- 30.11.2023/ Suraj Srivastav High Court of Judicature at Allahabad