NAFEESH @ NAFEESUDDIN v. State of U.P. AND 3 Others
CRLR/5412/2024 · 2025-05-13
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100351 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100351 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79289 Court No. - 82 Case :- CRIMINAL REVISION No. - 5412 of 2024 Revisionist :- Nafeesh @ Nafeesuddin Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Pravin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J.
1. Heard Sri Pravin Kumar Mishra, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State.
2. The instant criminal revision has been filed challenging therein, the order dated 14.8.2024 whereby, the trial court had exercised its power under Section 311 Cr.P.C. and had directed the prosecution to prove the School Leaving Certificate produced in support of the age of the victim.
3. Learned counsel appearing for the revisionist has submitted that an application was filed on behalf of the accused for determination of the age of the victim through ossification test but instead of allowing that application, the learned trial court had exercised its power under Section 311 Cr.P.C. and had directed the prosecution to produce evidence to prove the School Leaving Certificate.
4. Learned counsel appearing for the revisionist has argued that the Hon'ble Supreme Court, in its judgment rendered in the case of P. Yuvaprakash Vs. State rep. Inspector of Police, 2023 AIR Supreme Court 3525, had held that the transfer certificate issued by the school authorities cannot be treated as a certificate of date of birth issued by the school. Learned counsel appearing for the revisionist apprehends that the learned trial court may not consider the aforesaid law laid down by the Hon'ble Supreme Court and straightaway determine the age of the victim which may adversely affect to the accused.
5. I have considered the arguments advanced by the learned counsel appearing for the revisionist and I find that it is a pre- mature stage when the accused had approached this Court as no determination in respect of the age of the victim had yet been done by the trial court.
6. In view of the aforesaid reasons, this criminal revision is
disposed of with a direction to the learned trial court to consider the application filed by the revisionist for ossification test of the victim, keeping in view the law laid down by the Hon'ble Supreme Court in its judgment rendered in the case of P. Yuvaprakash (supra).
Order Date :- 14.5.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad