Allahabad High Court
M (Minor) vs State Of U.P. And Another on 7 August, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:158542 Court No. - 80 Case :- CRIMINAL REVISION No. - 435 of 2023 Revisionist :- M (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist and A.G.A. for the State and perused the material on 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 impugned judgment and order dated 10.11.2022 passed by learned Additional District and Session Judge/Juvenile Court/Special Judge (POCSO) Act, Court No.1, Kushinagar at Padrauna in Criminal Appeal No.28 of 2022 (M vs. State of U.P. and others) as well as judgement and order dated 23.09.2022 passed by Principal Judge/Juvenile Justice Board, Kushinagar at Padrauna in Case Crime No.150/2022 under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Turk Patti, District Kushinagar and also prays to release the revisionist/delinquent on bail in the aforesaid case.
It is submitted that in this case the delinquent/applicant was aged about 16 years at the time of alleged incident and victim was aged about 18 years at that time. Further submitted that she was in love affair with the delinquent as a result she went to Punjab with him and entered into marriage. Further submitted that the statement of the victim was recorded u/s 164 Cr.P.C. before the learned Magistrate in which she admitted the fact that she was volunteer and entered into marriage with the delinquent because she was in love affair with him. It shows that the victim was consenting party and no any force or violence was used by the delinquent against the will of the victim. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 27.05.2022 (i.e. more than one year) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
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., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer and the statement of the victim recorded u/s 164 Cr.P.C. and the role of the present delinquent, 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 23.09.2022 and the appellate court dated 10.11.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person 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 natural guardian/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 natural guardian/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 natural guardian/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 :- 7.8.2023 Ashok Gupta