JUDGMENT :

(Subhash Chandra Sharma, J.)

1. Heard Sri Rajeev Kumar learned counsel for the revisionist, Sri Firoz Ahmad Khan learned counsel for the opposite party as well as learned A.G.A. and perused the record.

2. The present criminal revision has been preferred by the revisionist with a prayer to allow this revision and set aside the judgment and order dated 15.04.2023 passed by learned Additional District and Sessions Judge Agra in Criminal Appeal No. 137 of 2022 as well as order dated 20.10.2022 passed by Juvenile Justice Board, Agra in Case Crime No. 58 of 2022 under Sections 363, 366, 376-D, 328 I.P.C. and 3/4 of POCSO Act, Police Station Kheragarh, District Agra by which opposite party No. 2 was declared to be juvenile.

3. It is submitted by learned counsel for the revisionist that this criminal revision has been preferred on the part of complainant/informant against the order passed by the learned J.J. Board as well as Children's Court by which the opposite party has been declared to be juvenile on the basis of date of birth as recorded in matriculation certificate while ignoring the date of birth which was recorded in primary school record that is from Class First to Class