- (1.) This instant revision has been preferred against the judgment and order dated 31.07.2013 passed by the learned Additional District and Sessions Judge, Court No.1, Meerut in Criminal Appeal No. 112 of 2013 (Ishwar Vs. State of U.P. and another), whereby the learned Sessions Judge has allowed the appeal and set aside the order dated 06.04.2013 of the Juvenile Justice Board, Meerut, (hereinafter referred to as 'the Board') passed in Misc. Case No. 242 of 2012, pertaining to Case Crime No. 157 of 2012 under Sections 376 IPC, Police Station Medical, District Meerut, declaring the revisionist to be juvenile.
(2.) Before examining the validity of the impugned order on the basis of the grounds raised in the memo of revision, I would like to place the brief facts of the present case.
(3.) In connection with an incident of rape, which had occurred on 24.03.2012 at 9.00 P.M., an F.I.R. against the accused-revisionist was lodged in Police Station Medical, District Meerut on the same day by the hapless father of an innocent girl of about 10 years of age at 10.15 P.M. which was registered as Case Crime No. 157 of 2012 for the offence under Section 376 IPC against the alleged accused-revisionist. Subsequently, after an investigation the Investigating Officer had filed the charge-sheet against the accused-revisionist Monu and his alleged accomplice Deepak before the Court of learned Addl. Chief Judicial Magistrate, Court No.2, Meerut, Thereafter, the said Court had committed the case for trial to the Court of Sessions. Subsequently, by way of transfer this session trial was proceeded before the Court of Additional Sessions Judge, Court No.15, Meerut, wherein the mother of the revisionist accused had filed an application for declaring the accused-revisionist to be juvenile by claiming his date of birth 05.06.1995. Hence, the learned Sessions Judge concerned had referred the matter to the Juvenile Justice Board, Meerut, vide his order dated 21.11.2012, for determination of the age of the revisionist-accused.;