- (1.) Heard Sri Ram Babu Sharma, learned counsel for the revisionist and Sri A.B.L. Gaur, learned Senior Advocate assisted by Sri Saurabh Gaur, learned counsel for the opposite party no.2 and Sri Manish Dev, learned A.G.A for the State and perused the record.
(2.) This revision has been filed with the prayer to set-aside the impugned order dated 30.7.2015 passed by Addl. District and Sessions Judge, Court Room No.4, Bulandshahar in Criminal Misc. Case No.189 of 2015, Jai Kumar Vs. State in S.T. No.546 of 2011, u/s 302, 504, 506 IPC, P.S. Shikarpur, district Bulandshahar arising out of case crime no.222 of 2010 and relating to S.T. No.547 of 2011, u/s 25/27 Arms Act, P.S. Shikarpur, distsrict Bulandshahar arising out of case crime no.61 of 2011.
(3.) It has been argued by learned counsel for the revisionist that the trial court earlier rejected the plea of juvenility of the accused opposite party no.2 vide order dated 10.12.2013 and found his date of birth as 12.4.1991 as such he was above 19 years at the time of incident and only to get benefit under the Juvenile Justice (Care and Protection) Act, 2000, he intentionally got his date of birth registered as 12.4.1993. He referred the statements of the witnesses Anil Kumar (C.W.1), Jagdish Prasad (C.W.2), Mashmoor Ahmad (C.W.3) and statement of Jai Kumar (C.W.4), Jagviri, mother of revisionist (C.W.5) and Shiv Kumar Sharma (C.W.6) in this regard. He has vehemently disputed the entry made in the High School certificate and marksheet of the revisionist and submitted that the entry has been made in the said document without any affidavit of his guardian or without any order of Basic Shiksha Adhikari and his date of birth mentioned in the High School certificate as 12.4.1993 cannot be accepted. The impugned order passed by the Additional Sessions Judge, Court No.4 is liable to be quashed by this Court.;