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2025 DAILYLAW 103790 (ALL)

A.K.R. v. State of UP AND ANOTHER

CRLR/5613/2024 · 2025-09-21

Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5613 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J. 1. List has been revised. 2. This case is listed peremptorily today. 3. No one responds on behalf of the revisionist, like on earlier date fixed. 4. Sri Chandra Shekhar Mishra, learned counsel for the has sent illness slip, which is ignored. 5. Heard Sri Manvendra Singh and Sri Anand Tripathi, learned counsel for opposite party no.2; learned A.G.A. for the State-respondent and perused the material on record. 6. The present criminal revision has been filed to set and aside the judgement and order dated 29.8.2024 passed by Additional Sessions Judge/ Additional Special Judge (POCSO Act), Court no.2, Prayagraj, in Juvenile Appeal No. 87 of 2024 arising out of Case Crime No. 577 of 2021, under Sections 363, 302 I.P.C, Police Station Meja, District Prayagraj. 7. The claim of juvenility was raised by the revisionist before Juvenile Justice Board. Father of the revisionist filed an application in support of his affidavit before the Board claiming that the date of birth of the revisionist is 14.1.2008 and education certificate was issued by Yagh Narayan Shukl Junior High School, Hulka, Unchdeeh Bazar, Prayagraj. Versus Counsel for Revisionist(s) : Chandra Shekhar Mishra Counsel for Opposite Party(s) : Anand Tripathi, G.A., Manvendra Singh A.K.R. .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 8. The Board summoned the scholar register from aforesaid school and examined Head Master of school, who stated that the name of the revisionist finds place at serial no.2361 and his date of birth recorded is 14.1.2008. He took admission in school in Class 7th on 1.1.2020. Because of his continuance absence, his name was struck off from the role of school. He does not knows fromwhere the revisionist completed his earlier education before Class 7th. He did not produced any transfer certificate, when he took admission in school. The admission was given in Class 7th to the revisionist on the basis of his date of birth mentioned in admission form as 14.1.2008. 9. The informant filed objection to aforesaid claim stating that affidavit and documents attached with the juvenile declaration application were fake and fabricated. The informant side stated that revisionist studied in primary school, Tiwari Ka Pura, Hulka, Block Uruwan, Police Station Meja, District Prayagraj and Assistant Head Mistress of school was summoned with scholar register. In the aforesaid scholar register, date of birth of the revisionist is recorded as 12.8.2003. He studied in the aforesaid school from Class 1st to Class 5th, but never got transfer certificate issued. He passed Class 5th on 01.7.2014. 10. The Juvenile Justice Board found that there are vital contradictions in the date of birth of revisionist recorded in both the schools and therefore rejected the claim of the revisionist and declared him adult to be tried as such within the meaning of Section Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act. 11. An appeal was preferred before the Children's court, which was also rejected by the order dated 29.8.2024, whereby order passed by Juvenile Justice Board dated 4.5.2024 was confirmed. 12. After hearing learned counsel for opposite party no.2 and learned AGA, this Court finds that claim of the juvenility set up by the revisionist before the Juvenile Justice Board was false and efforts were made by the revisionist to mislead the court and get declaration in his favour. The order of Children's court does not calls for any interference. 13. The above noted criminal revision is dismissed and order passed by CRLR No. 5613 of 2024 2 Children's court dated 29.8.2024 is confirmed. 14. Office is directed to return the trial court record, within a week and notify this order to the trial court. September 22, 2025 Ruchi Agrahari CRLR No. 5613 of 2024 3 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad