The court ruled that the age determination of a juvenile must prioritize the matriculation certificate over conflicting lower school records, maintaining adherence to statutory guidelines.

JUDGMENT

Ram Manohar Narayan Mishra, J.

Learned counsel for the revisionist and learned A.G.A. for the State-respondent are present.

2. None appeared on behalf of respondent No.2.

3. Notice has been served on respondent Nos. 1. Notice has also been served upon respondent No.2, through A.G.A. as well as C.J.M. concerned.

4. The instant Criminal Revision has been preferred by the revisionist/accused against the judgment and order dated 04.12.2020 passed by learned Session Judge, Maharajganj in Criminal Appeal No.32 of 2019 Smt. Kumari @ Phul Kumari v. State of U.P. and another, whereby the order dated 03.04.2015 of Juvenile Justice Board, Maharajganj, District Maharajganj has been set-aside and the application of the revisionist for declaration of his juvenility is rejected. The accused has been declared as major on the date of incident dated 01.02.2014. Ramakant, father of the revisionist is deponent in present revision.

5. Heard learned counsel for the revisionist as well as learned A.G.A. appearing for the State and perused the material available on record.

6. The factual matrix of the case in brief are that First Information Report dated 22.03.2014 was lodged at the instance of mother of the victim against named accused Akhilesh under Section 3 63 , 366 of I.P.C. in Case Crime No.296 of 2014 and after investigation accused has been charge-sheeted under Sections 3 63 , 366ka, 376 of I.P.C. and Section 3 /4 of POCSO Act, P.S. Maharajganj with the allegation that accused enticed away his minor daughter aged about 14 years studying in Class IXth, in the night of 01.02.2014 at around 10 PM; both victim and accused belonged to schedule caste. She searched for her daughter for many days, but could not trace her out. Her daughter also took away some ornaments and cash with her. Police submitted chargesheet against the accused under Section 3 63 , 366Ka and 376 of I.P.C. and Section 3 /4 of POCSO Act placing reliance on statement of victim under Section 164 Cr.P.C. as well as other evidences collected during the investigation.

7. The accused moved an application before the Juvenile Justice Board, Maharajganj, with averment that on the date of alleged incident dated 01.02.2014 he was declared juvenile. As his date of birth is mentioned as 24.09.1997 in his High School Marksheet, the said marksheet has been issued by Janta Uchchatar Madhyamik Vidyalaya, Harpur Pakadi, District Maharajganj. The Juvenile Justice Board placed reliance on date of birth mentioned in the High School Marksheet of the accused which was verified by evidence of the clerk of said school by his sworn testimony before the court. He also produced scholar register of the accused in which his name is mentioned at Serial No.5341, where he received education from class VIth to Xth and his date of birth is mentioned as 24.02.1997 therein. The said clerk also produced High School marksheet, transfer certificate, attendance and fee registers and filed photocopies of the same with his attestation. He was also cross-examined by the counsel for informant in juvenile inquiry proceedings, whereas the stand of the informant was that the accused received his elementary education in Primary School, Harpur Pakadi, Maharajganj, wherein his date of birth is mentioned as 17.02.1995, and to prove that document acting H