JUDGMENT :

JYOTSNA SHARMA, J.

1. Heard Sri Atul Kumar Shahi, learned counsel for the revisionist and Sri L.D. Rajbhr, learned A.G.A. for the State.

2. This criminal revision has been filed with a prayer to quash the order dated 06.09.2023 passed by Special Judge, POCSO Act in Criminal Appeal No. 8 of 2023 arising out of case crime no. 183 of 2021 under sections 363, 366 and 376(3) I.P.C. and 3/4(2) of POCSO Act, P.S. Bewar, District-Mainpuri, whereby the order passed by J.J. Board dated 13.01.2023, by which accused was declared a juvenile, has been set aside and appeal has been allowed.

3. The relevant facts are as below:

In the enquiry no. 34 of 2021 conducted for determination of age by the J.J. Board in crime no.183 of 2021, under sections 363, 366 and 376(3) I.P.C. and under section 3/4(2) of POCSO Act, on behalf of the accused, oral and documentary evidence was produced. The J.J. Board did not rely upon the statement given by father of the juvenile and also did not rely on the certificate as regard date of birth showing name of Kuldeep Kumar son of Harish Chandra, issued by Subedar Pandey Inter College, Pandey Nagar Kusumra, District Mainpuri. The J.J. Board instead relied upon the