Umesh Chandra Tripathi, J. - (1.) Heard at length the arguments advanced by Sri Vindeshwari Prasad, learned counsel for the revisionist and in opposition, Sri S.K. Pal, learned counsel for opposite party no. 2 and Sri L.D. Rajbhar, learned Additional Government Advocate for the State of U.P.
(2.) This criminal revision has been preferred against the judgment and order dated 28.06.2016 passed by Additional Sessions Judge, Court No. 4, Kanpur Nagar in Criminal Appeal No. 241 of 2014 (Sanjay Yadav v. State of U.P.), dismissing the appeal against the order dated 11.12.2012 passed by Juvenile Justice Board, Kanpur Nagar in Criminal Misc. Case No. 197 of 2009 (State v. Sanjay Yadav) arising out of Case Crime No. 648 of 2009 under Sections 364A, 302 and 201 of the Indian Penal Code (hereinafter referred to as 'IPC'), Police Station - Naubasta, District - Kanpur Nagar. Vide impugned order dated 11.12.2012, the application of juvenile (accused-revisionist) Sanjay Yadav for declaring him juvenile in conflict with law was rejected and he was declared major.
(3.) Accused-Revisionist Sanjay Yadav claimed himself to be juvenile in conflict with law on the basis of his high school certificate in which his date of birth is mentioned as 13.03.1992. He passed his high school from KPY Jan Sahyogi High School, Rimbi, Kanpur. He was admitted in that school in Class IX. Before that, he studied in Sri Ram Vihari Siksha Sadan, Jabardast Kheda, Bindki, Azmatpur, Fatehpur from Class I to Class IV, in Tagore Bal Mandir, Lalaoli Road, Bindki, Fatehpur from Class V to VI and in Dayanand Inter College, Bindki, Fatehpur from Class IV to VIII. In the school-leaving certificate of Tagore Bal Mandir, Lalaoli Road, Bindki, Fatehpur, his date of birth was mentioned on the basis of his date of birth mentioned in the school-leaving certificate of previous school i.e. Sri Ram Vihari Siksha Sadan, Jabardast Kheda, Bindki, Azmatpur, Fatehpur. Similarly, in the school-leaving certificate of Dayanand Inter College, Bindki, Fatehpur, his date of birth was mentioned on the basis of date of birth mentioned in the school-leaving certificate of previous school, i.e. Tagore Bal Mandir, Lalaoli Road, Bindki, Fatehpur. Similarly, in the school-leaving certificate of KPY Jan Sahyogi High School, Rimbi, Kanpur, his date of birth was mentioned on the basis of date of birth mentioned in the school-leaving certificate of previous school i.e. Dayanand Inter College, Bindki, Fatehpur. Sri Ram Vihari Siksha Sadan, Jabardast Kheda, Bindki, Azmatpur, Fatehpur was the school where accused-revisionist Sanjay Yadav first attended. On the basis of school-leaving certificate of this school, his date of birth is recorded in other schools. But the Manager of Sri Ram Vihari Siksha Sadan, Jabardast Kheda, Bindki, Azmatpur, Fatehpur deposed before Juvenile Justice Board, Kanpur Nagar that accused-revisionist Sanjay Yadav, son of Vijay Yadav had never studied in his school and no school-leaving certificate was issued to him. Accordingly, Juvenile Justice Board held that date of birth mentioned in the school-leaving certificate is manipulated and on the basis of medical examination, the Board had determined the age of the accused-revisionist to be 19 years 11 months and 26 days on the date of the occurrence i.e. 17.08.2009.;