- (1.) K. N. Sinha, J. The present revision has been filed against the judgment and order dated 24-12-2002 passed by the Sessions Judge, Rampur in Criminal Appeal No. 31 of 2002, Soni v. State of U. P. , in case Crime No. 276 of 2002 under Sections 377 and 506 IPC P. S. Khajuriya, District Rampur whereby he dismissed the appeal.
(2.) THE brief facts giving rise to this revision is that the revisionist Soni was challaned for the offence under Section 377/506 P. S. Khajuriya, District Rampur. THE revisionist moved an application before the Addl. C. J. M. I, Rampur for declaring him to be juvenile. THE said application was rejected on the ground that no Juvenile Justice Board was constituted at Rampur; hence the bail application shall be disposed of under the ordinary provisions of the Code of Criminal Procedure. Against this order an appeal was filed, which was also dismissed. So far as the constitution of the Board is concerned - Section 6 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act'), lays down that the power conferred on the Board by or under the Act, may also be exercised by the High Court and the Court of Sessions when the proceedings come before them in appeal, revision or otherwise. A report was obtained from the Registrar General of this Court, who reported that the matter regarding Constitution of Juvenile Justice Board in each district of U. P. is in process and in view of the Government Letter No. VIP-4/60-I-2000-1/13 (25)/2001, dated 14-2- 2002, the Sessions Judges are empowered to deal with all such cases. Under these circumstances, the Sessions Judge, Rampur while hearing the appeal was empowered to exercise the power of the Board. The Sessions Judge should have enquired into the matter as to whether the revisionist is juvenile or not and then pass orders according to law.
(3.) IT is also made clear that the bail application should not be dealt with under the provisions of the Code of Criminal Procedure but it should be decided keeping in view the provisions of Section 12 of the Act, if the accused is found to be juvenile. The revision is, therefore, allowed. The order dated 24-12-2002 passed in Criminal Appeal No. 31 of 2002 and the order dated 12-12-2002 passed by the Addl. C. J. M. I, Rampur are hereby set aside. The case is remanded back to the Sessions Judge Rampur with a direction to make enquiry as provided under the Act as to whether the revisionist Soni is juvenile or not and in case he appears to be juvenile, his bail application shall be disposed of keeping in view the provisions of Section 12 of the Act. Revision allowed. .;