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HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 84
A. Criminal Law - Code of Criminal Procedure, 1973-Section 397/401 - Indian Penal Code, 1860-Section 376 & Juvenile Justice (Care and Protection of Children) Act, 2000-application-release of juvenile-revisionist was a juvenile aged 14 years 6 months on the date of occurrence and during pendency of the appeal he became major-revisionist completed around one year six months of sentence out of the maximum three years institutional incarceration permissible for a juvenile, u/s 15(1)(g) of the Act, 2000-Juvenile justice Board and appellate court has erred in considering the facts and the true import of section 12 of the Act,-at the time of incident the juvenile was clearly below the age of 15 years and does not fall into the special category of the juvenile between the age of 16-18- Social Investigation Report does not show him to be a desperado or misfit for the society-the two courts below disentitled the juvenile to be released on account of his case falling under each of the three exceptions of the Section 12(1) of the Act, for which no reason has been indicated.(Para 3 to 23)
The application is allowed. (E-6)
List of Cases Cited:-
1. Kamal Vs St. of Haryana, (2004) 13 SCC 526
2. Takht Singh Vs St. of M.P., (2001) 10 SCC 463,
3. Shiv Kumar @ Sadhu Vs St. of U.P. (2010) 68 ACC 616 LB
4. Dataram Singh Vs St. of U.P. & anr ,(2018) 3 SCC 22
(Delivered by Hon’ble Shamim Ahmed, J.)
Order on Memo of Revision
1. Heard Sri Amarendra Nath Singh, learned senior counsel assisted by Sri Ajay Singh, learned counsel for the revisionist as well as learned A.G.A. appearing for the State and perused the record.
2. Admit.
3. Notice has already been received by learned AGA on behalf of State and notice has already been served upon opposite party no.2.
4. Summon the lower court record.
5. Put up on 8.12.2020 in the additional cause list before appropriate Bench for hearing of the case.
Order on Bail Application
6. Heard learned counsel for the applicant/revisionist as well as learned AGA appearing for the State and perused the record.
7. The present criminal revision has been filed by the revisionist under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 397/401 IPC (in short ''the Act') against the judgement and order dated 12.3.2020 passed by Additional Sessions Judge/Fast Track Court-1, Ghaziabad dismissing Criminal Appeal No. 158 of 2013 (Juvenile Justice Board Ghaziabad vs State of UP) filed under Section 52 of the Act and affirming an order of Juvenile Justice Board, Ghaziabad dated 25.7.2013 passed in Case Crime No.222 of 2002, under Section 376 IPC, PS Pilakhua District Ghaziabad by which the revisionist was directed to be kept in the special home separately for a period of three years. 11 All.
Surendra Kumar Shukla Vs. C.B.I. 303
8. Upon investigation charge sheet dated 29.09.2012 was filed, revisionist was made an accused. The Special Judge took cognizance of the offence on 19.10.2012.