Km. Salina Ali Alias Paro v. State Of U.P. And

has been sent by Sri Anuj Bajpai, learned counsel for the revisionist. Since case is listed peremptorily, the illness- slip is learned counsel for the revisionist ignored.

3. Heard Sri Abrar Ahmad Siddiqui, learned counsel for respondent no.2 and learned AGA-I for the respondent no.1.

4. An application was filed before the Children's Court under Section 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 stating that on the date 2 CRLR No. 1133 of 2025 of incident dated 28.08.2003 the age of the son of the applicant was below 18 years and therefore, he was juvenile. The applicant has studied up to Class V at his home and his date of birth is 12.03.1986 and at the time of incident dated 28.08.2003 he was aged 17 years, 5 months and 16 days as per transfer certificate, mark-sheet and other documents. He studied in Government Kakori Saheed Inter College, Miranpur, Katra on 14.05.1996. He passed Class VI; on 14.05.1997 Class VII; on

14.05.1998 he passed Class VIII; he failed in 1998-99 in Class IX. He got his transfer certificate of class IX issued in 1999. Informant side did not objected to the claim by filing any written objection.

5. The Court found that the incident in dispute took place on 28.08.2003. Therefore, the age determination of the accused should be made as per provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The court relied upon Section 7-A of the aforesaid Act.

6. Before the Children's Court CW-I, Rajendra Singh, clerk was summoned who appeared before the court along with SR register of the Government Kakori Saheed Inter College, Miranpur, Katra and stated that the name of the accused is recorded at Sr. No.61 in the register from no.5906 to 6004. His name was recorded at 5917 and his date of birth mentioned was 12.03.1986 in number and words both. Date of admission in school is mentioned was 21.08.1995. He further stated that the 3 CRLR No. 1133 of 2025 accused passed Class VI on 14.05.1996; passed class VII in 1996-97; class VIII in 1997-98. In the year 1998-99 he failed in Class IX and as per transfer certificate register, his first transfer certificate was issued on

09.07.2002 and second one on 27.07.2010, 3rd transfer certificate on 03.12.2018. He has brought the original SR register and after comparing the same photocopy was filed. The photocopy of the same is being in the court.

7. During courts examination CW-I admitted that he was appointed in the school on 09.02.2008 on the post of clerk and he is responsible for up-keep of the register. He produced the authority letter issued by Head Master of the college and after comparing transfer certificate issued in favour of accused by the school filed photocopy of the same. He further stated that the accused was admitted in his school in Class-VI on the basis of private education and his date of birth was recorded as

12.03.1986.

8. The accused was examined as CW-II before the Court. He stated that he was admitted in the Government Kakori Saheed Inter College, Miranpur, Katra along by his brother, Samim Beg. At that time he was aged about 9 years. He had studied up to Class-V at home and was admitted in the aforesaid college 1995. The Head Master of the school asked his and his brother's date of birth. Both informed that he was born on 12.03.1986. No age certificate or affidavit was sought from them. The Head 4 CRLR No. 1133 of 2025 Master asked him to tell the numbers of 1 to 100 and Hindi Alphabets "Aa to Gaya" and thereafter he was admitted in the school. He could not study in Class I on account of poverty. He was taught by his brother and uncle at home. His father had died. Now his mother is seriously ill and not in a position to move and see from her eyes. The brother of the accused, Samim, was examined as CW-III who stated that the age of the accused is 38 years now. He had taken the accused to the college for admission, where he had informed his date of birth 12.03.1986. The Head Master did not sought any document at the time of admission of the accused in his college. He informed the date of both of accused to the Head Master as informed by his parent. He also stated that the age of the accused at the time of incident was 17 years, 5 months and 16 days.

9. CW-IV, Ajay Kumar, Assistant Clerk of Nagar Panchayat, Katra, Sahjahanpur proved that the date of birth of accused recorded in his record is 01.07.1986 and therefore, on the date of incident he was aged about 17 years, 1 month and 27 days.

10. The Children's court found that on the date of incident the accused was clearly aged about 17 years, 5 months and 16 days and was declared juvenile and was directed to be tried as such by the Juvenile Justice Board, Sahajahanpur.

11. Learned counsel for the revisionist submits that the 5 CRLR No. 1133 of 2025 orders passed by the Children's Court is not accordance with law. He has submitted that the accused took admission in Class VI directly and there was no evidence of his earlier studies before any school.

12. This court finds that whatever evidence was produced by the revisionist before Children's Court was in accordance with Juvenile Justice Rules 2007 and Rule 12(ii). The first school attended by the accused was Government Kakori Saheed Inter College and evidence from the aforesaid school proved that he was below 18 years of age.

13. The evidence from the Nagar Panchayat also proved him below 17 years of age as per clause (iii) of the aforesaid Rule. Therefore, order of the children's Court does not appears to have been wrongly passed. The order of the Children's Court is affirmed.

14. Revision is dismissed. September 22, 2025 SS (Siddharth,J.) SURENDER SINGH NARANG High Court of Judicature at Allahabad

has been sent by Sri Anuj Bajpai, learned counsel for the revisionist. Since case is listed peremptorily, the illness- slip is learned counsel for the revisionist ignored.

3. Heard Sri Abrar Ahmad Siddiqui, learned counsel for respondent no.2 and learned AGA-I for the respondent no.1.

4. An application was filed before the Children's Court under Section 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 stating that on the date 2 CRLR No. 1133 of 2025 of incident dated 28.08.2003 the age of the son of the applicant was below 18 years and therefore, he was juvenile. The applicant has studied up to Class V at his home and his date of birth is 12.03.1986 and at the time of incident dated 28.08.2003 he was aged 17 years, 5 months and 16 days as per transfer certificate, mark-sheet and other documents. He studied in Government Kakori Saheed Inter College, Miranpur, Katra on 14.05.1996. He passed Class VI; on 14.05.1997 Class VII; on

14.05.1998 he passed Class VIII; he failed in 1998-99 in Class IX. He got his transfer certificate of class IX issued in 1999. Informant side did not objected to the claim by filing any written objection.

5. The Court found that the incident in dispute took place on 28.08.2003. Therefore, the age determination of the accused should be made as per provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The court relied upon Section 7-A of the aforesaid Act.

6. Before the Children's Court CW-I, Rajendra Singh, clerk was summoned who appeared before the court along with SR register of the Government Kakori Saheed Inter College, Miranpur, Katra and stated that the name of the accused is recorded at Sr. No.61 in the register from no.5906 to 6004. His name was recorded at 5917 and his date of birth mentioned was 12.03.1986 in number and words both. Date of admission in school is mentioned was 21.08.1995. He further stated that the 3 CRLR No. 1133 of 2025 accused passed Class VI on 14.05.1996; passed class VII in 1996-97; class VIII in 1997-98. In the year 1998-99 he failed in Class IX and as per transfer certificate register, his first transfer certificate was issued on

09.07.2002 and second one on 27.07.2010, 3rd transfer certificate on 03.12.2018. He has brought the original SR register and after comparing the same photocopy was filed. The photocopy of the same is being in the court.

7. During courts examination CW-I admitted that he was appointed in the school on 09.02.2008 on the post of clerk and he is responsible for up-keep of the register. He produced the authority letter issued by Head Master of the college and after comparing transfer certificate issued in favour of accused by the school filed photocopy of the same. He further stated that the accused was admitted in his school in Class-VI on the basis of private education and his date of birth was recorded as

12.03.1986.

8. The accused was examined as CW-II before the Court. He stated that he was admitted in the Government Kakori Saheed Inter College, Miranpur, Katra along by his brother, Samim Beg. At that time he was aged about 9 years. He had studied up to Class-V at home and was admitted in the aforesaid college 1995. The Head Master of the school asked his and his brother's date of birth. Both informed that he was born on 12.03.1986. No age certificate or affidavit was sought from them. The Head 4 CRLR No. 1133 of 2025 Master asked him to tell the numbers of 1 to 100 and Hindi Alphabets "Aa to Gaya" and thereafter he was admitted in the school. He could not study in Class I on account of poverty. He was taught by his brother and uncle at home. His father had died. Now his mother is seriously ill and not in a position to move and see from her eyes. The brother of the accused, Samim, was examined as CW-III who stated that the age of the accused is 38 years now. He had taken the accused to the college for admission, where he had informed his date of birth 12.03.1986. The Head Master did not sought any document at the time of admission of the accused in his college. He informed the date of both of accused to the Head Master as informed by his parent. He also stated that the age of the accused at the time of incident was 17 years, 5 months and 16 days.

9. CW-IV, Ajay Kumar, Assistant Clerk of Nagar Panchayat, Katra, Sahjahanpur proved that the date of birth of accused recorded in his record is 01.07.1986 and therefore, on the date of incident he was aged about 17 years, 1 month and 27 days.

10. The Children's court found that on the date of incident the accused was clearly aged about 17 years, 5 months and 16 days and was declared juvenile and was directed to be tried as such by the Juvenile Justice Board, Sahajahanpur.

11. Learned counsel for the revisionist submits that the 5 CRLR No. 1133 of 2025 orders passed by the Children's Court is not accordance with law. He has submitted that the accused took admission in Class VI directly and there was no evidence of his earlier studies before any school.

12. This court finds that whatever evidence was produced by the revisionist before Children's Court was in accordance with Juvenile Justice Rules 2007 and Rule 12(ii). The first school attended by the accused was Government Kakori Saheed Inter College and evidence from the aforesaid school proved that he was below 18 years of age.

13. The evidence from the Nagar Panchayat also proved him below 17 years of age as per clause (iii) of the aforesaid Rule. Therefore, order of the children's Court does not appears to have been wrongly passed. The order of the Children's Court is affirmed.

14. Revision is dismissed. September 22, 2025 SS (Siddharth,J.) SURENDER SINGH NARANG High Court of Judicature at Allahabad