- (1.) Heard learned counsel for the revisionist and learned A.G.A. for the State. This criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as the 'Act') is directed against order dated 19.3.2013 passed by Additional Sessions Judge, Court No. 7, Kaushambi, whereby the application 30 Ga for declaring the revisionist to be a juvenile was rejected. The revisionist is an accused in S.T. No. 403 of 2009, State v. Neelu Chaurasia, arising out of crime No. 43 of 2006 under Section 354 IPC and 3(1)(x) S.C./S.T. Act, P.S. Kokhraj, District Kaushambi. An application under Section 7A of the Act was moved on behalf of the revisionist claiming that his date of birth, as per the high school marks-sheet, was 5.1.1989. The incident took place on 23.2.2006 and, therefore, the revisionist Neelu Chaurasia @ Arvind Kumar Chaurasia was a juvenile on the date of incident. The application was supported by an affidavit and marks-sheet dated 15.6.2005 issued by Pandit Jagdish Narayan Mishra Ucchatar Madhyamik Vidyalaya, Pandey Mau, Bharwari, Kaushambi. The revisionist was also subjected to medical examination and as per the medical report dated 5.12.2012, the age of the revisionist was. found to be between 22 to 25 years.
(2.) Learned trial Court examined the doctor and came to the conclusion that the marks-sheet did not disclose that the revisionist appeared as a regular candidate or as a private candidate and, therefore, the marks-sheet was ignored and on the basis of statement of the doctor, revisionist was declared not to be a juvenile on the date of incident and consequently the application was rejected.
(3.) Learned counsel for the revisionist submits that no proper inquiry was conducted by learned Additional Sessions Judge in accordance with Section 7A of the Act. Except the doctor, no other witness was examined by the trial Court. If learned Additional Sessions Judge was not satisfied with the high school marks sheet, he should have summoned the Principal as well as the records from the school to judge their correctness and validity. Learned A.G.A. supported the impugned order.;