Reserved on 21.8.2025 Delivered on 15.9.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1404 of 2022 Court No. - 47 HON'BLE SIDDHARTH, J. 1. Heard Sri Ankit Agarval, learned counsel for the revisionist; Sri Afzal Hussain, learned counsel for respondent no.2; learned A.G.A. for the State and perused the material on record. 2. The present criminal revision has been filed to set and aside the judgement and order dated 31.01.2022 passed by learned Additional Session Judge/Special Judge (POCSO Act), Bulandshahr in Criminal Appeal No. 42 of 2020, Rohit Kumar Vs. State of U.P. and another, arising out of Case Crime No. 243 of 2019, under Section-364, 302 and District-201 I.P.C., Police Station-Shikarpur, Bulandshahr there by dismissing the appeal and confirming the order dated 26.11.2020 passed by Juvenile Justice Board, Bulandshahr in Misc. Case no. 95 of 2019, whereby the Juvenile Justice Board declared the revisionist as juvenile on the basis of his medical report. 3. Juvenile Justice Board, Bulandshahar, by the order dated 26.11.2020 determined the age of the revisionist as 17 years and 8 months and directed the record of the case be sent to the concerned court for further proceedings. The aforesaid order was challenged by the revisionist before the Special Judge on the ground that Juvenile Justice Board has wrongly determined his age as 17 years and 8 months ignoring evidence on record and directing ossification test of the revisionist, which was not in accordance with law. On the date of incident, revisionist was aged about Versus Counsel for Revisionist(s) : Ankit Agarval Counsel for Opposite Party(s) : Afzal Husain, G.A., Mohd Qasim Juvenile X .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 15 years, 11 months and 6 days only. When the documentary evidence regarding his age was present, there was no justification for directing his ossification test. 4. The appellate court found that the guardians of the revisionist could not tell his exact date of birth. Hence his ossification test was directed. The appellate court further found that original birth certificate of the revisionist was filed before the appellate court, wherein date of registration was found to be 13.12.2019, which was after the incident dated 01.6.2019. His S.R. register and transfer certificate were filed wherein his registration number is in different ink. His date of birth was recorded in Class 5th on the basis of oral information given by his mother. Hence Board got his ossification test conducted. 6. After hearing the rival contentions, this Court does not finds any illegality in the order passed by the courts below. The impugned orders passed by the courts below are confirmed 7. The above noted criminal is dismissed. 8. Office is directed to return the trial court record, within a week. September 15, 2025 Ruchi Agrahari CRLR No. 1404 of 2022 2 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad