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Neutral Citation No. - 2025:AHC:112186 Reserved on 02.7.2025 Delivered on 14.7.2025 Case :- CRIMINAL REVISION No. - 811 of 2023 Revisionist :- Juvenile X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.,Ramesh Singh Kushwaha Hon'ble Siddharth,J. Heard Sri Atul Pandey, learned counsel for High Court Legal Services Committee; Sri Ramesh Singh Kushwaha, learned counsel for the informant; and perused the material on record. The present criminal revision has been filed to quash the order dated 23.1.2023 passed by Additional Sessions Judge-8, Ballia/POCSO Act, Ballia, in Criminal Appeal No. 60 of 2022 (Juvenile'X' Vs. State of U.P. and another) arising out of order dated 30.11.2022 passed by the Juvenile Justice Board, Ballia, convicting and sentencing the revisionist for the period of six months in S.S.T. No. 310 of 2014 (State Vs. Roshan Lal) arising out of Case Crime No. 168 of 2004, under Section 308 I.P.C, Police Station Rasara, District Ballia. The notices were sent to the guardians of the revisionist and report has come that his mother and father, both, have died. Sri Atul Pandy has been appointed as amicus curiae to argue the above noted revision on behalf of the revisionist. This Court finds from the order of the trial court that revisionist was convicted and sentenced by the trial court on 30.11.2022 and was
directed to be sent to the observation home on the same day. Thereafter he preferred an appeal, but he was not granted bail during pendency of appeal as clear from the record of the appellate court. Thereafter this revision was preferred before this Court wherein the revisionist was granted bail on 12.4.2023. Therefore it is clear that at the time of grant of bail to the revisionist, he had carried out the sentence of four and half months. From the perusal of the judgements impugned in this revision this Court does not finds any infirmity in the findings recorded by both the courts below. The conviction of revisionist is confirmed. However, the sentence awarded to the revisionist is reduced to the period already undergone, of four years and half months in observation home. Bail bond of revisionist is cancelled and its sureties are discharged. This criminal revision is partly allowed. Learned Amicus Curiae shall be entitled to his professional fees to be paid to him within three weeks of raising of bill.
Records of the trial court and appellate court are directed to be returned to the respective courts, within 10 days by the office.
Order Date :- 14.7.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad