State of U.P. and Another v. Party

Srivastava, Singh, Ritvik Srivastava Counsel for Opposite Party(s) : G.A. In Chamber HON'BLE SIDDHARTH, J.

1. Heard Sri Ritvik Srivastava, learned counsel for the revisionist; learned A.G.A. for the State and perused the material on record.

2. The present criminal revision has been filed to set and aside the judgement and order dated 22.8.2024 passed by Additional District and Sessions Judge, Court No.27, Agra, in Juvenile Appeal No. 131 of 2024 and order dated 14.5.2024 passed by the Juvenile Justice Board, Agra, in Case Crime No. 544 of 2023, under Section 304 I.P.C, Police Station Jagdishpura, District Agra.

3. Claim of juvenility was made on behalf of revisionist by means of an application dated 09.11.2023 before the Juvenile Justice Board, Agra. It was claimed that the date of birth of the revisionist is 15.02.2007 and on the date of incident dated 13.10.2023, he was less than 18 years of his age. The photocopy of the Class-VIII mark sheet issued by G.L.Junior High School, Gadhi Aheer, Police Station Saya, District Agra was produced in evidence along with affidavit of mother of juvenile.

4. C.W.-1, mother of revisionist, proved that out of 5 of her children alive, the revisionist is youngest and is aged about 16 years. He has studied in Class- VIII in a School, wherein she got him admitted.

5. C.W.-2, Head Master of G.L. Memorial Public School, proved that the 2 CRLR No. 4657 of 2024 revisionist was admitted in his School on 04.07.2012 in Class-I and passed Class-VIII in 2019 -2020. In his admission form thumb impression of his mother is present and his date of birth is mentioned as 15.02.2007 thereon. In the S.R. Register his name is mentioned at Sl.No.1287. In Junior High School S.R. Register his name finds place at Sl. No.1153 with date of birth as 15.02.2007. He filed the copies of Admission Form of the revisionist, declaration letter of the mother of the revisionist regarding his age, S.R. Registers of Primary Section and Junior High School Section and proved the same. He further stated that his School has recognition from Class-I to V and another recognition from Class-VIth to VIIIth. The recognition was granted to primary section in 2004 and to Junior High School Section in 2006. At the time of admission of the revisionist in his school he was not working there. He proved the signatures of earlier Principal of the School on the S.R. Register.

6. C.W.-3, Head Master of primary School, Nangla Inami Block Saya, Agra was examined who proved that the revisionist was admitted in his School in Class-I on 08.07.2010. His name finds place at Sl.No.1025 in S.R. Register with date of birth mentioned as 05.07.2004, he studied in Class-II in the year 2011 and his name was struck off the rolls because of his continuous absence in Class-III. He proved the attendance register of Class-III and Admission Register. He also proved that the register is not certified by any authority. The father and mother of the revisionist did not gave any document in support of his age.

7. The Juvenile Justice Board, Agra disbelieved the evidence of C.W.-3 and relying upon the evidence of C.W.-2 found that the date of birth of the revisionist proved is 15.02.2007 and on the date of incident dated

13.10.2023 he was found to be aged 16 years, 7 months and 28 days by the order dated 14.05.2024.

8. The complainant preferred an Appeal No.131 of 2024 before the Children's Court against the order dated 14.05.2024 of the Board. The Children's Court has held that as per the statements of C.W.-2 and C.W.-3 two dates of birth of the revisionist are on record. As per C.W.-2, the date of birth of the revisionist is 15.02.2007, while as per the the evidence of C.W.- 2, date of birth of the revisionist is 05.07.2004. Children's Court has held 3 CRLR No. 4657 of 2024 that the date of birth recorded in the First School of the revisionist is relevant and the second date mentioned in the second School is not relevant. Relying upon the date of birth of 05.07.2004 mentioned in the first School, he has been held to be aged 19 years, 3 months and 8 days on the date of incident dated 13.10.2023.

9. After hearing the rival contentions this court finds that the evidence produced by C.W.-3 before the Juvenile Justice Board was not reliable at all. He admitted that the admission of the revisionist was directly recorded in admission register and admission register, and S.R. register are the same. The date of birth recorded in the register was informed orally. The register was not certified by any officer nor it had any signature of any competent authority. Neither the admission form was filled nor any document regarding age of revisionist was produced.

9. The Juvenile Justice Board has recorded clear findings that C.W.-3 had no document regarding the date of birth of the revisionist. By merely recording the name of the student in register of the School, his date of birth is not proved, therefore, C.W.-3 has not proved the date of birth of the revisionist. C.W.-3 has failed to prove the date of birth of the revisionist by means of any evidence. This court finds that the Appellate Court has accepted the evidence of C.W.-3 as genuine without setting aside the findings recorded by the Juvenile Justice Board regarding the evidence jof C.W.-3 by misreading the case laws relied upon by the Children's Court.

10. In view of the above judgment and order passed the Children's Court can not be sustained and is set aside. Judgement of Juvenile Justice Board is upheld.

11. The above-noted revision is allowed.

12. Office is directed to send back the trial court record, within a week. October 15, 2025 Ruchi Agrahari (Siddharth,J.) RUCHI AGRAHARI High Court of Judicature at Allahabad

Srivastava, Singh, Ritvik Srivastava Counsel for Opposite Party(s) : G.A. In Chamber HON'BLE SIDDHARTH, J.

1. Heard Sri Ritvik Srivastava, learned counsel for the revisionist; learned A.G.A. for the State and perused the material on record.

2. The present criminal revision has been filed to set and aside the judgement and order dated 22.8.2024 passed by Additional District and Sessions Judge, Court No.27, Agra, in Juvenile Appeal No. 131 of 2024 and order dated 14.5.2024 passed by the Juvenile Justice Board, Agra, in Case Crime No. 544 of 2023, under Section 304 I.P.C, Police Station Jagdishpura, District Agra.

3. Claim of juvenility was made on behalf of revisionist by means of an application dated 09.11.2023 before the Juvenile Justice Board, Agra. It was claimed that the date of birth of the revisionist is 15.02.2007 and on the date of incident dated 13.10.2023, he was less than 18 years of his age. The photocopy of the Class-VIII mark sheet issued by G.L.Junior High School, Gadhi Aheer, Police Station Saya, District Agra was produced in evidence along with affidavit of mother of juvenile.

4. C.W.-1, mother of revisionist, proved that out of 5 of her children alive, the revisionist is youngest and is aged about 16 years. He has studied in Class- VIII in a School, wherein she got him admitted.

5. C.W.-2, Head Master of G.L. Memorial Public School, proved that the 2 CRLR No. 4657 of 2024 revisionist was admitted in his School on 04.07.2012 in Class-I and passed Class-VIII in 2019 -2020. In his admission form thumb impression of his mother is present and his date of birth is mentioned as 15.02.2007 thereon. In the S.R. Register his name is mentioned at Sl.No.1287. In Junior High School S.R. Register his name finds place at Sl. No.1153 with date of birth as 15.02.2007. He filed the copies of Admission Form of the revisionist, declaration letter of the mother of the revisionist regarding his age, S.R. Registers of Primary Section and Junior High School Section and proved the same. He further stated that his School has recognition from Class-I to V and another recognition from Class-VIth to VIIIth. The recognition was granted to primary section in 2004 and to Junior High School Section in 2006. At the time of admission of the revisionist in his school he was not working there. He proved the signatures of earlier Principal of the School on the S.R. Register.

6. C.W.-3, Head Master of primary School, Nangla Inami Block Saya, Agra was examined who proved that the revisionist was admitted in his School in Class-I on 08.07.2010. His name finds place at Sl.No.1025 in S.R. Register with date of birth mentioned as 05.07.2004, he studied in Class-II in the year 2011 and his name was struck off the rolls because of his continuous absence in Class-III. He proved the attendance register of Class-III and Admission Register. He also proved that the register is not certified by any authority. The father and mother of the revisionist did not gave any document in support of his age.

7. The Juvenile Justice Board, Agra disbelieved the evidence of C.W.-3 and relying upon the evidence of C.W.-2 found that the date of birth of the revisionist proved is 15.02.2007 and on the date of incident dated

13.10.2023 he was found to be aged 16 years, 7 months and 28 days by the order dated 14.05.2024.

8. The complainant preferred an Appeal No.131 of 2024 before the Children's Court against the order dated 14.05.2024 of the Board. The Children's Court has held that as per the statements of C.W.-2 and C.W.-3 two dates of birth of the revisionist are on record. As per C.W.-2, the date of birth of the revisionist is 15.02.2007, while as per the the evidence of C.W.- 2, date of birth of the revisionist is 05.07.2004. Children's Court has held 3 CRLR No. 4657 of 2024 that the date of birth recorded in the First School of the revisionist is relevant and the second date mentioned in the second School is not relevant. Relying upon the date of birth of 05.07.2004 mentioned in the first School, he has been held to be aged 19 years, 3 months and 8 days on the date of incident dated 13.10.2023.

9. After hearing the rival contentions this court finds that the evidence produced by C.W.-3 before the Juvenile Justice Board was not reliable at all. He admitted that the admission of the revisionist was directly recorded in admission register and admission register, and S.R. register are the same. The date of birth recorded in the register was informed orally. The register was not certified by any officer nor it had any signature of any competent authority. Neither the admission form was filled nor any document regarding age of revisionist was produced.

9. The Juvenile Justice Board has recorded clear findings that C.W.-3 had no document regarding the date of birth of the revisionist. By merely recording the name of the student in register of the School, his date of birth is not proved, therefore, C.W.-3 has not proved the date of birth of the revisionist. C.W.-3 has failed to prove the date of birth of the revisionist by means of any evidence. This court finds that the Appellate Court has accepted the evidence of C.W.-3 as genuine without setting aside the findings recorded by the Juvenile Justice Board regarding the evidence jof C.W.-3 by misreading the case laws relied upon by the Children's Court.

10. In view of the above judgment and order passed the Children's Court can not be sustained and is set aside. Judgement of Juvenile Justice Board is upheld.

11. The above-noted revision is allowed.

12. Office is directed to send back the trial court record, within a week. October 15, 2025 Ruchi Agrahari (Siddharth,J.) RUCHI AGRAHARI High Court of Judicature at Allahabad