- (1.) 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 10.8.2011 passed by learned Addl. Sessions Judge, Court No. 9, Bulandshahar in S.T. No. 546 of 2011, State Vs. Jai Kumar , under Sections 302, 120B, 504, 506 IPC arising out of case crime no. 222 of 2010, P.S. Shikarpur, District- Bulandshahar as well as S.T. No. 547 of 2011, State Vs. Jai Kumar, under Section 25/27 Arms Act arising out of case crime no. 61 of 2011, P.S. Shikarpur, District- Bulandshahar, whereby the respondent no . 2- Jai Kumar was declared as a juvenile and the records were directed to be transmitted to the Juvenile Justice Board concerned.
(2.) Heard Sri Ram Babu Sharma, learned counsel for the revisionist- complainant, learned AGA for the State and Sri A.B.L. Gour, Senior Advocate assisted by Sri Saurabh Gour, learned counsel for respondent no. 2.
(3.) In brief, the facts are that respondent no. 2- Jai Kumar is the accused in the aforesaid two connected sessions trials. An application 5-B on behalf of respondent no. 2 was filed before the trial court for declaring Jai Kumar to be a juvenile on the ground that on the date of incident, his age was less than 18 years. The application was accompanied by the affidavit of father of accused Jai Kumar and a copy of High School Certificate. Affidavit of Smt. Jagviri Devi- mother of Jai Kumar was also filed and one witness Anil Kumar, Principal of Arya Shiksha Niketan High School, Paharpur Haveli, District- Bulandshahar was examined as A.P.W.-1. T.C., application form and mark-sheet were also filed. No evidence was adduced by the State in rebuttal.;