Rajeev Ranjan Prasad, J.—Heard Mr. Mukesh Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh, learned counsel for the Opposite Party No. 2 as also Mr. Ajay Kumar Jha, learned APP for the State.

2. This revision application has been preferred for setting aside the judgment dated 10.07.2023 passed by learned 1st Additional Sessions Judge-cum-Children Court, Saran at Chapra in Criminal (Juvenile) Appeal No. 09 of 2023 arising out of Kopa P.S. Case No. 84 of 2019 registered under Sections 147, 148, 149, 323, 324, 307, 302 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) whereby and whereunder the learned Appellate Court has been pleased to dismiss the appeal and affirm the order dated 26.04.2023 passed by learned Juvenile Justice Board, Saran at Chapra (hereinafter referred to as the ‘Board’) in Enquiry No. 2655 of 2022. The learned Board has assessed the age of the petitioner to determine the plea of juvenility. By the impugned order, it has been held that the petitioner was major on the alleged date of occurrence.

Submissions on behalf of the Petitioner

3. Learned counsel for the petitioner submits that the petitioner had appeared in his matriculation examination from the Central Board of Secondary Education, New Delhi (hereinafter referred to as the ‘CBSE’) from Children Delight School, DB Road, Saran at Chapra and as per his matriculation certificate, his date of birth is 01.08.2003. The alleged occurrence has taken place on 10.06.2019, therefore, the petitioner would be below 16 years of age on the date of occurrence. Reliance in this regard has been placed on Annexure ‘2’ which is the certificate of the matriculation issued by the CBSE.

4. Learned counsel for the petitioner submits that earlier the petitioner had moved this Court in Cr. Revision No. 268 of 2020 against the order dated 27.08.2019 passed by the learned Board declaring the petitioner major. The said revision application was withdrawn vide order dated 05.07.2021 with liberty to the petitioner to seek his remedy before appropriate court in appropriate jurisdiction. The petitioner, thereafter availed remedy of appeal before the learned 1st Additional District and Sessions Judge-cum-Children Court, Saran at Chapra in Criminal (Juvenile) Appeal No. 20 of 2021. The learned Appellate Court affirmed the order of the Board. Thereafter, the petitioner once again moved this Court in Cr. Revision No. 624 of 2021. This time the order of the learned Appellate Court was set aside and the matter was remitted to the Board to consider the plea of juvenility afresh.

5. It is submitted that in course of inquiry, the petitioner relied upon Exhibit ‘B’ which is the admission register of Indian Public School, Kopa, Chapra. In the admission register, the name of the petitioner has been entered vide Admission No. 162 of 2011 dated 21.01.2011 and in the date of of birth column, his date of birth has been shown as 01.08.2003. It is submitted that the entry made in the admission register of the private school is not reliable. It is submitted that Exhibit ‘B’ has been proved by EW-2 who is the Principal of Indian Public School. The Board has recorded a finding that it is not known as to when the admission register was prepared and in this regard EW-3, who is the Administrator of Children Delight School, is unable to explain. The admission register has not been signed by any person.

6. Learned counsel further submits that the Board has failed to appreciate the scheme of Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘the Act of 2015’). It is also submitted that the Board has though placed reliance on the judgment of the Hon’ble Supreme Court in the case of Rishipal Singh Solanki vs. the State of Uttar Pradesh and Others reported in (2022) 8 SCC 602 [: 2022 (1) BLJ 305 (SC)], it would appear that the ratio of the said judgment would not apply in the facts of the present case.

Submissions on beha