Neutral Citation No. - 2025:AHC-LKO:29262 Court No. - 12 Case :- CRIMINAL REVISION No. - 1033 of 2024 Revisionist :- Juvenile A / Victim Thru. Her Husband B Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- D.P. Dutt Tiwari,Deepika Gupta,Sandeep Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri D.P. Dutt Tiwari, learned counsel for the revisionist as well as learned Additional Government Advocate appearing for the opposite parties. 2. By means of present revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed against order dated 09.08.2024, passed by the the Children's Court, Bahraich in Criminal Appeal No. 85 of 2023, whereby the appeal preferred on behalf of revisionist has been rejected by affirming the order dated 25.07.2023, passed by the Juvenile Justice Board, Bahraich in Case Crime No. 229 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station - Hardi, District - Bahraich, whereby custody of the victim girl to the revisionist has been refused and the victim girl has been sent to Government Children Protection Home (Girl), Sindhi Kheda, Para, Lucknow. 3. It is submitted by learned counsel for the revisionist that revisionist is victim of offence in Case Crime No. 229 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station - Hardi, District - Bahraich. It is submitted that at the time of offence the victim was aged about 14 years 11 months and 18 days and that the parents of the victim refused to take her into their custody. During investigation statement of victim was recorded under Section 161 on 25.04.2023, by the Police, where the victim has stated that she is illiterate and has also declined to go with her parents and accordingly, in the aforesaid circumstances, she was sent to the Government Children Protection Home (Girl) on 01.05.2023. It is further submitted that the victim has given birth to a male child on 03.05.2023. 4. Present revision has been filed on behalf of victim by one Hans Raj who is accused in Case Crime No. 229 of 2022, under Section 363, 366, 376 IPC and Section 3/4 of POCSO Act. He is alleged to be aggressor and first information report was lodged by the mother of the victim. Only ground urged by the revisionist is that her date of birth has been wrongly recorded by the Court below and infact victim is major and accordingly deserves to be released from the Children Home. 5. Learned A.G.A. has opposed the revision by submitting that during investigation age of victim was determined on the basis of her educational certificate issued by Uchh Prathmik Vidhyalaya Pipri Mohan, Vikas Khand - Mahsi, District - Bahraich, where her name is shown as Suman Devi and name of mother of victim was shown to be Jagrana and date of birth according to the said certificate was 12.07.2007 and accordingly, she was 14 years and 11 months and 18 days of age and accordingly on the date of incident, she was minor. Considering the fact that she has declined to go with her parents, there is no infirmity in the impugned orders where she has been directed to be kept in custody of children home. 6. Heard learned counsel for the parties and perused the record. 7. While considering the facts of the present case, it has to be seen whether interest of a child will be with the alleged husband or in the Children Home. Present revision has been preferred for release of the victim who is alleged to be the girl upon whom sexual assault has been committed. The aggressor/accused in the said case is the person who has filed the present revision and claims himself to be the husband. 8. Learned counsel for the revisionist has fairly submitted that claim of marriage is based only on the basis of an agreement dated 05.07.2022. When a pointed query has been made as to whether there is any customery law where marriage can be performed through agreement, learned counsel for the revisionist could not give any answer to the said query and accordingly, this Court is of the considered view that marriage being performed on the basis of an agreement would not be a valid marriage and same cannot be recognized by any Court of law and hence it would be a misnomer that present petition has been filed by the person claiming himself to be the husband of the victim(Juvenile). 9. Apart from the above, this Court finds that allegations are levelled against the alleged husband who has sexually assaulted the victim and subsequently claiming marriage on the basis of an agreement. Unfortunately, the victim has declined to go with her parents and only course left under the Juvenile Justice Act is that the victim be kept in Children Home. 10. Accordingly, in the aforesaid circumstances, this Court does not find it appropriate to release the victim and permit her to go and live with her aggressor who claims himself to be her husband. It is further noticed that trial is under way where it is not known as to whether testimony of the victim as prosecution witness has been recorded or not. 11. Hence, for the reasons aforesaid, this Court do not find any ground for interference in the impugned orders and no good ground could be found for giving the victim in the custody of her alleged husband who has filed the present revision on her behalf. 12. Accordingly, present revision being devoid of merits is dismissed. Order Date :- 16.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench