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

Court No. -80 Case :-CRIMINAL REVISION No. -865 of 2023 Revisionist :-X-Minor Opposite Party :-State Of U.P. And 3 Others Counsel for Revisionist :-Sushil Kumar Pandey Counsel for Opposite Party :-G.A.,Prem Prakash Yadav,Ram Ajor Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, Sri Sriprakash Singh, Advocate, holding brief of Sri Prem Prakash Yadav, learned counsel for opposite party, learned A.G.A for the State and perused the record. The present criminal revision has been preferred by the revisionist through his mother 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 10.1.2023 passed by learned Addl. Session Judge/Special Judge (POSCO Act), Muzaffar Nagar in Crl. Appeal No.107 of 2022 as well as order dated 24.11.2022 passed by Juvenile Justice Board, Muzaffar Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 34 of 2022, under Sections 363, 366, 376 IPC and 5/6 POCSO Act, Police Station Shahpur, District Muzaffar Nagar. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years at the time of alleged incident and is languishing in Child Care Home since 21.3.2022. It is further submitted that the victim was also aged about 17 years and was volunteer and willing. She went with the revisionist to Mumbai and stayed there for a day then to Mathura and also entered into marriage in a temple and then came back. It shows that the victim was known to the revisionist and was in love affair with him. It is further submitted that the statement of the victim was recorded under section 164 Cr.P.C in which she stated clearly that she went to Mumbai with the revisionist and then to Mathura where both of them entered into marriage in a temple. She was known to the revisionist and there was love affair between both of them. She also stated that her inmates assaulted her and also the police constable beat her to make pressure on her to get her statement that she was taken away by the revisionist forcefully though she went with the revisionist voluntarily. This statement also shows willingness. It is also submitted that 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. The delinquent is in Juvenile Care Home since 21.3.2022 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the learned 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, 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 Principal Magistrate, Juvenile Justice Board dated 24.11.2022 and the appellate court dated 10.1.2023 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 (mother 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/mother 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 mother will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/mother 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/mother 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 :- 20.11.2023 G.S High Court of Judicature at Allahabad