Hon’ble Manoj Misra, J.—I have heard Sri Raj Kumar Sharma assisted by Sri Neeraj Pandey, learned counsel for the revisionist, Sri Narendra Kumar Singh for the opposite party No. 2 and the learned A.G.A. for the State.

2. By this revision, the revisionist, who is the informant, has challenged the order dated 29.8.2012 passed by the Additional Sessions Judge, Court No. 9, Farrukhabad in Criminal Appeal No. 31 of 2012 connected with Criminal Appeal No. 36 of 2012, whereby the opposite party No. 2 (Daulat Singh) has been declared juvenile in reference to Case Crime No. 671 of 2011 at P.S. Jahanganj, District Farrukhabad.

3. The facts, as they appear on the record, are that in respect to an incident dated 12.12.2011 relating to the murder of the informant’s uncle, a First Information Report was lodged by the revisionist against six persons including the opposite party No. 2 (Daulat Singh), which was registered as Case Crime No. 671 of 2011 at P.S. Jahanganj, District Farrukhabad, under Sections 147/148/149/302/307/504 and 506 I.P.C. Consequent to his arrest, Daulat Singh, claiming himself to have been born on 20.6.1994, applied for being declared a juvenile. In support of his claim reliance was placed on a High School Certificate, which disclosed his date of birth as 20.6.1994. Pursuant thereto, the Juvenile Justice Board, Farrukhabad (hereinafter referred to as the Board) held an inquiry under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act).

4. The Board rendered a fractured opinion so much so that the Principal Magistrate, placing reliance on the High School Certificate as also the transfer certificate, declared Daulat Singh a juvenile, aged 17 years 5 months and 22 days on the date of the incident whereas the other members of the Board, relying on a certificate of a Hospital that a child was born to Sunita Devi (petitioner’s mother) on 23.6.1992, negatived his claim.

5. Challenging the order passed by the Board, two appeals were filed. Appeal No. 36 of 2012 was filed by the informant (the revisionist herein) whereas Appeal No. 31 of 2012 was filed by Daulat Singh (the opposite party No. 2). The Court below allowed the appeal of the opposite party No. 2 whereas the appeal preferred by the revisionist was dismissed. While allowing the appeal, the Court below placed reliance on the High School Certificate.

6. I have perused the order passed by the Court below. A perusal thereof reveals that in the age determination inquiry statements of several witnesses were recorded. Smt. Sunita Devi, the mother of the opposite party No. 2, was examined as C.W.1. She deposed that she was married about 19 years ago; she has three children, the eldest being 17 years of age, named Daulat Singh (the opposite party No. 2), second being Himmat Singh aged about 14 years and the third being daughter, namely, Sheetal aged 11 years; that Daulat Singh was admitted in Class-1st at Prathamik Vidyalaya, Jaitpur, where his date of birth was recorded as 20.6.1994 and he studied there up to Class 4; thereafter he studied at his maternal grand parents house up to Class 7; and thereafter he took admission at Junior High School, Jaitpur from where he passed Class 8 and took admission in Class 9 at Swami Aatmadeo Gopalanand Inter College, Ugarpur from where he passed his High School examination. The High School Mark-sheet and the school transfer certificate was brought on record, which disclosed the date of birth of Daulat Singh as 20.6.1994. Vidya Chauhan, the Head-Master of Prathamik Vidyayla, Jaitpur was examined as C.W.2. She produced the admission register, in original, disclosing that Daulat Singh was admitted on 21.7.2001 and left the school on 5.7.2003 and that his date of birth was recorded as 20.6.1994. Mohd. Yamin Siddiqui, the Principal of Swami Aatmadeo Gopalanand Inter College was examined as C.W.3. He produced the original of the students record register; the original of the p