Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 22 September, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CRIMINAL REVISION NO.1708 OF 2021
(Deepak vs The State of Madhya Pradesh)
Indore, Dated 22.09.2021
Mr. M.S. Chouhan, learned counsel for the applicant.
Mr. Hemant Sharma, learned counsel for the non-
applicant/State.
Mr. Vijay Singh Chauhan, learned counsel for the
prosecutrix.
Arguments heard.
ORDER
Submissions were made on revision application filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015.
The applicant who is a juvenile has made an accused for committing offence under Section 363, 366, 376(2)(n)/34 of Indian Penal Code, 1860 along with Section 5L/6 of Protection of Children From Sexual Offences Act, 2012.
Being a juvenile, he was sent for trial before the Juvenile Justice Board, Dewas (MP). An application for obtaining his custody was filed which was rejected by the Juvenile Justice Board on 17.06.2021. Subsequently an appeal was filed which was dismissed vide order dated 28.06.2021. Against this order, the present revision application has been filed.
In the criminal revision application, it has been stated that no such facts are available on record which would be sufficient to reject the application filed under Section 12 of Juvenile Justice Act, that there are no criminal antecedents against the juvenile, that there is no likelihood of his coming into contact with the known criminals and that the offence is not such heinous in nature which would entail rejection of this application. It has 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.1708 OF 2021 (Deepak vs The State of Madhya Pradesh) further been stated that the applicant (juvenile) and the prosecutrix both were in consensual relationship and the applicant has now fathered two children out of their union. On these grounds application has been sought to be allowed.
Learned counsel for the prosecutrix has no objection in allowing this application.
In this matter, the Probation Officer's report has been placed on record which shows no adverse circumstances or background of the juvenile (applicant) which would run counter to the application filed under Section 12 of the Juvenile Justice Act. It has been mentioned that the juvenile has not fallen into the company of known criminals and that he is not having any inclination regarding absconsion and that he is not stated to have been subjected to negligence on the part of parents and a favourable report has been given in his favour showing that the juvenile is in fact an illiterate boy and that he had come into contact with the prosecutrix and both had got married and now he has fathered a eight months old daughter and the applicant had been staying with the prosecutrix at Porbandar (Gujarat) since last three years. It has been recommended that the custody be granted to his parents.
Learned counsel for State was also heard.
It has been stated that the juvenile (applicant) himself has filed an application in the course of the trial that he had acquired majority agewise and had ceased to be a juvenile.
After due consideration of the aforesaid facts and circumstances of the case and in view of the report of Probation Officer as well as no objection given by the Counsel for the 3 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.1708 OF 2021 (Deepak vs The State of Madhya Pradesh) prosecutrix, this criminal revision is allowed.
The applicant (juvenile) is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of Juvenile Justice Board, Dewas (MP). It is also directed that he shall appear before the Juvenile Justice Board, Dewas, on each and every occasion and further he shall not commit any offence which would invite the unfavourable report from the Probation Officer.
With the aforesaid, this criminal revision stands disposed of in aforesaid terms.
A copy of this order be sent to the Juvenile Justice Board, Dewas (MP) for compliance.
(SHAILENDRA SHUKLA) JUDGE Arun/-
Digitally signed by ARUN NAIR Date: 2021.09.22 19:04:34 +05'30' 4HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.1708 OF 2021 (Deepak vs The State of Madhya Pradesh)