X ( Minor Juvenile ) v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL REVISION No. - 3654 of 2021 Revisionist :- X ( Minor Juvenile ) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijay Kumar Dwivedi,Dharmendra Pratap Singh,Shailendra Ratan Bhushan,Subhash Chand Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.

¶1Counter affidavit filed in the Court today is taken on record.

¶2Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

¶3The 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 03.12.2021 passed by the court of learned Additional District & Session Judge (POCSO Act), Court No. 01, Aligarh in Criminal Appeal No. 111 of 2021 as well as order dated 21.10.2021 passed by Juvenile Justice Board, Aligarh. Further prayed to release the revisionist on bail in Case Crime No. 178 of 2021 under Sections 376, 452, 506 I.P.C. & 3/4 POCSO Act, 2012, Police Station-Gabhana, District-Aligarh.

¶4It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 at the time of alleged incident. It is further submitted that as per allegation in the FIR, rape was committed with the victim by the revisionist and when the victim resisted, the revisionist bit finger of left hand of the victim. It is further submitted that the incident is said to have been taken place on 23.06.2021, but F.I.R. was lodged on 25.06.2021 which is after delay of two days without any explanation. It is also submitted that medical examination of the victim was got conducted in which no any injury on her person, external or internal, was found to suggest that rape was committed with the victim except bite injury on finger of the left hand. In pathological report, no any semen was found to suggest the commission of rape with the victim. It is further submitted that there is no any other material on record to show the complicity of the revisionist and there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

¶5It 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 29.06.2021 i.e. more than two years and three 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.

¶6Learned A.G.A. opposed the prayer as aforesaid. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, being devoid of merit, is liable to be dismissed.

¶7Considering 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, the time delinquent remained in Child Care Home, 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.

¶8Accordingly, the orders passed by Juvenile Justice Board dated

21.10.2021 and the appellate court dated 03.12.2021 are, hereby, set aside and present criminal revision is hereby, allowed.

¶9It 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 :- 2.11.2023 Anjali High Court of Judicature at Allahabad