- (1.) Feeling aggrieved by the order dated 4.10.2011 passed by Additional Sessions Judge, Court No. XII, Meerut in Criminal Appeal No. 319 of 2011 and the order dated 7.9.2011 passed by Juvenile Justice Board, Meerut in Crime No. 431 of 2011, revisionist has filed this revision.
(2.) The brief facts relevant for the disposal of this revision are that in Crime No. 431 of 2011, under Section 302, 394, 504 and 506 I.P.C. relating to Police Station - Kasna, District - Gautambudh Nagar, the revisionist moved an application through his father / natural guardian praying that he may be declared as juvenile. The contention of the revisionist was that as per the high school certificate, his date of birth is 13.9.1995 and as such on the date of occurrence that is on 29.6.2011, he had not attained 18 years of age. In support of his contention, the father of the revisionist filed his affidavit and the copies of school certificate showing that the date of birth of the revisionist is 13.9.1995. The Juvenile Justice Board after considering the evidence on record came to the conclusion that the date of birth as recorded in the school certificate was doubtful and, as such, the revisionist was referred to the Medical Board for determination of age. As per the report of Medical Board, the revisionist was about 19 years of age. The learned Juvenile Justice Board held that in any case revisionist was above 18 years of age of the time of occurrence and accordingly, the application of the revisionist was rejected and he was directed to be shifted from Juvenile Home to the District Jail.
(3.) Feeling aggrieved by the order of the Juvenile Justice Board, the revisionist filed Criminal Appeal No. 319 of 2011 in the Court of Sessions Judge, Meerut. The appeal was decided on 4.10.2011 and the learned Appellate Court dismissed the appeal observing that the Juvenile Justice Board rightly disbelieved the school certificate and found the revisionist major at the time of occurrence.;