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2022 Supreme(All) 924

JYOTSNA SHARMA
Kalim – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Santosh Kumar Chaubey.
For the Opposite Party : G.A., J.B. Singh.

JUDGMENT :

1. Heard Sri Santosh Kumar Chaubey, learned counsel for the revisionist, Sri J.B. Singh, learned counsel for the respondent no. 2 and learned A.G.A. for the State.

2. This criminal revision has been filed under Section 102 of the Juvenile Justice Act, 2015 with a prayer to set aside the order of the Juvenile Justice Board dated 26.03.2021 passed in age determination inquiry in Misc. Application No. 43 of 2020 arising out of Crime No. 439 of 2020 under Sections 302, 120-B IPC, Police Station Hasanpur, District-Amroha (J.P. Nagar) with a further prayer to set aside the order passed in criminal appeal affirming the order of the Juvenile Justice Board and to declare the revisionist a juvenile under the Juvenile Justice Act, 2015.

3. The submission of the revisionist are that the learned courts below have committed a manifest error of law in passing the impugned orders; in the school certificate the date of birth was shown as 10.08.2006, which clearly established the age of the revisionist as 14 years and 12 days on the date of the occurrence; the courts below ignored the school certificate thereby flouting the provisions of law; the school certificate was proved by the evidence

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