Hon’ble Shri Kant Tripathi, J.—Heard Mr. Satish Trivedi, Senior Advocate for the revisionist and the learned AGA and perused the record.

2. This is a revision under Section 397/401 of the Code of Criminal Procedure against the judgment and order dated 28.4.2010 passed by the learned Sessions Judge, District Agra in Criminal (Juvenile) Appeal No. 02 of 2010 whereby the learned Sessions Judge dismissed the revisionist’s appeal against the order dated 9.12.2009 passed by the Juvenile Justice Board, Agra (in short “the Board) on the application for declaring the revisionist as a juvenile.

3. It appears that the revisionist Sonu Prajapati is an accused in Case Crime No. 365 of 2009, under Sections 364, 302, 411, 201 and 394 IPC, P.S. Tajganj, District Agra. He moved an application claiming himself as a juvenile. The Board held an enquiry for determining his age and passed the order dated 9.12.2009 holding that he was not a juvenile on the date of the occurrence. Feeling aggrieved from the order of the Board, he preferred the aforesaid criminal appeal in the Court of the Sessions Judge, Agra, which was dismissed on 28.4.2010.

4. Mr. Satish Trivedi submitted that the Board as well as the revisional Court committed gross error of law in discarding the school records relating to the date of birth of the revisionist and placing reliance on the medical opinion. Mr. Trivedi further submitted that the medical opinion could be relevant only when the school record was not available.

5. The learned AGA on the other hand submitted that the Board as well as the revisional Court found the school record entries as well as the entries made in the record of the Cantonment Board as unreliable, therefore, the learned Sessions Judge as well as the Board were justified in placing reliance on the medical opinion.

6. It may not be out of context to mention that one Vijay Kumar, Head Master, Sainik Bharti Junior High School, Shanti Nagar, Agra was examined as witness, who on the basis of the relevant record maintained in the said School, stated that the revisionist was a student in the said School and his date of birth, as recorded in the School record, is 19.9.1992 and that entry was made on the basis of the transfer certificate given by the previous school. Mr. Vijay Kumar further stated that the admission form was submitted by the revisionist’s mother Smt. Prema Devi. The previous school from where the revisionist had studied upto Class V, was S.B Montessori School, Ukharra. The learned Sessions Judge and also the Board disbelieved the entry made in the school record maintained by the Sainik Bharti Junior High School, Shanti Nagar, Agra on the ground that no attempt was made from the side of the revisionist to prove the School record, previously attended by the revisionist, therefore, the school record entries proved by the witness Vijay Kumar was of no help to the revisionist. The revisionist had also filed date of birth certificate issued by the Contonment Board, Agra which was proved by Mr. Avinash Kumar Pathak, Clerk of the said Board but the learned appellate Court disbelieved that entry on account of the fact that there was some interpolation and that entry was made later on. In view of the fact the birth certificate issued by the Cantonment Board as well as the entries made in the school record of the Sainik Bharti Junior High School, Shanti Nagar, Agra were not found proved, the learned appellate Court as well as the Board relied upon the medical opinion dated 13.7.2009, according to which the revisionist was aged about 19 years on the date of x-ray. Mr. Trivedi further submitted that even according to the opinion of the medical board, the revisionist was a juvenile. If the revisionist was 19 years on 13.7.2009, he could be of 18 years on that date and as such he was less than 18 years on the date of the occurrence, which took place on 4.4.2009. According to Mr. Trivedi, the medical opinion ought to have been considered, subject to a ma