- (1.) Counter-Affidavit filed today is taken on record. Heard Sri K.P. Shukla, learned counsel for the revisionist, learned A.G.A. for the State as well as Sri Manoj Kumar Singh, learned counsel for the complainant. This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act') is directed against the order dated 1.11.2012 passed by Additional Sessions Judge, Court No. 6, Jaunpur in S.T. No. 299 of 2011, State v. Dharmendra Singh and others, arising out of crime No. 124 of 2011 under Sections 304, 323, 504 and 506 IPC, P.S. Barsathi, District Jaunpur whereby the application filed on behalf of the revisionist Annu @ Vikram for declaring him to be a juvenile was rejected. The application was moved on the ground that the revisionist had passed class V from Primary School, Dhanapur, Barsathi, District Jaunpur and according to the school records, his date of birth was 18.7.1995.
(2.) Learned Additional Sessions Judge conducted an inquiry under Section 7A of the Act, examined the witnesses C.W. 1 Madhuri Devi - mother of the revisionist and C.W. 2 Urmila Singh - the Principal of Primary School, Dhanapur, Barsathi, Jaunpur. A copy of the T.C. Showing 18.7.1995 to be the date of birth of the revisionist was also filed and the revisionist was further subjected to cross-examine by a duly constituted Medical Board. The medical examination was conducted on 23.5.2012 and according to the report of Medical Board, the approximate age of the revisionist was about 18 years. The incident took place on 1.5.2011.
(3.) It is submitted by learned counsel for the revisionist that even if learned Additional Sessions Judge found the date of birth recorded in the school records untrustworthy, the medical opinion should not have been disbelieved, but should have been adopted and according to the medical opinion, the accused was about 17 years of age on the date of incident and, therefore, learned Additional Sessions Judge committed illegality in rejecting the application moved on behalf of the revisionist.;