Xxx (Minor/Juvenile Delinquent) v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL REVISION No. - 6104 of 2023 Revisionist :- Xxx (Minor/Juvenile Delinquent) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Surya Prakash Pandey,Ajay Tripathi Counsel for Opposite Party :- G.A.,Rohit Dwivedi,Sanjay Mishra Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A. for State and perused the 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 judgment and order dated 30.10.2023 passed by learned Juvenile Court/ Additional District & Sessions Judge/Special Judge (POCSO Act), Hapur in Criminal Appeal No. 47 of 2023 as well as order dated 18.10.2023 passed by Juvenile Justice Board, Hapur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 131 of 2023, under Sections 376DB IPC & Section 5m,5g/6 POCSO Act, Police Station Kapurpur, District Hapur. It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 11 years, 10 months and 9 days at the time of alleged offence. Further submitted that the delinquent is in Juvenile Care Home since

19.8.2023. He was released on bail on 25.8.2023 by the learned J.J. Board but again he was taken into custody on 30.8.2023 under Section 376 IPC since then he is in custody. It is also submitted that victim was also aged about 13 years at the time of alleged incident is said to have been subjected to rape committed by the co-accused who was real brother of the revisionist. Being brother of co-accused, present revisionist has also been implicated in the F.I.R. Though there is no any allegation of committing rape by the revisionist with the victim even in her statement as recorded under Section 164 Cr.P.C. before the learned court concerned. There is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. His psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision. Learned counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. 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 18.10.2023 and the appellate court dated 30.10.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed. It is directed that delinquent/applicant be released on bail on executing personal 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 :- 14.12.2023 A. Singh High Court of Judicature at Allahabad