Hon’ble Shri Kant Tripathi, J.—Heard Mr. Rohan Gupta for the revisionist and learned AGA for the respondent No. 1 and perused the record. None responded for the respondent No. 2.

2. By this criminal revision, the revisionist Dharam Singh has challenged the order dated 7.12.2007 rendered by the Additional Sessions Judge, Room No. 7, Saharanpur in sessions trial No. 189A of 1998, State v. Dharam Singh and others, whereby the learned Additional Sessions Judge refused to declare the revisionist as juvenile.

3. The revisionist moved an application for declaring him as a juvenile and contended that according to the High School record his date of birth is 1.7.1981, therefore, he was a juvenile (less than eighteen years) on the date of the occurrence and examined CW-1 Ram Pal Singh and CW-2 Rajendra Kumar Pundir in support of his case. CW-1 Ram Pal Singh, who was Head Clerk in M.P.M. Inter College, Simlana, Saharanpur, made statement in the Court on the basis of the scholar register and produced the same in the Court. The name of the revisionist is mentioned at serial No. 8016 in the Scholar Register in which his date of birth was recorded as 1.7.1981. Ram Pal Singh further stated that the revisionist had studied in R.R. Inter College, Pilkhua, district Ghaziabad before taking admission in M.P.M. Inter College, Simlana, Saharanpur. A copy of the scholar register produced by CW-1 Ram Pal Singh has been marked as Exhibit C-1. Ram Pal Singh, CW-1, further produced original admission form submitted by the revisionist for his admission and proved its photo copy as Exhibit C-2. He lastly stated that the revisionist had furnished TC issued by R.R. Inter College, Pilkhua, district Ghaziabad alongwith the admission form. In that T.C. Too, his date of birth was recorded as 1.7.1981, photo copy of which is on record as Exhibit C-3.

4. CW-2 Rajendra Kumar Pundir is the resident of revisionist’s village Tapari. He stated that the revisionist’s father was ill, therefore, he had gone to Maharana Pratap Memorial Inter College, Simlana alongwith the revisionist for his admission. He had filled in the admission form and showed the revisionist’s date of birth as 1.7.1981. That date of birth was given to him by the father of the revisionist. He further stated that T.C. issued by the previous school was annexed with the admission form and in that T.C. The revisionist’s date of birth was 1.7.1981.

5. The respondent No. 2 contested the aforesaid application and examined CW-3 Kanwar Pal Singh, a teacher of Primary School, Tapari, police station Badagaon, district Saharanpur, who was serving as Incharge Head Master on the date of his statement in the Court. According to this witness, the revisionist had studied in the said Primary School and his date of birth in the record of the school was recorded as 6.1.1978. This witness proved the leaving certificate issued by the School.

6. The learned Additional Sessions Judge disbelieved the revisionist’s evidence on the ground that the revisionist failed to examine his father Dharam Singh for proving his date of birth shown in the record maintained by Maharana Pratap Memorial Inter College, Simlana and the witness Rajendra Kumar Pundir had no personal knowledge of the revisionist’s date of birth, therefore, his evidence was not relevant. The learned trial Court further held that in the revisionist’s marks sheet (Roll No. 01643435) his date of birth has been shown as 1.1.1981, which was annexed with the application and was taken into consideration while passing the order dated 9.3.2007 and the same date of birth has been disclosed even in the order dated 31.7.2007 passed by this Court in criminal revision No. 806/2007, therefore, in view of this contradictory evidence, it could not be held that the revisionist’s date of birth was 1.1.1981. The learned trial Court placing reliance on the statement of CW-3 Kanwal Pratap Singh, Incharge Head Master, Primary School, Tapari, held that the revisionist’s date of birt