RESERVED ON 20.8.2025 DELIVERED ON 11.9.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1124 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J. Despite service of notice on opposite party no.2, no one has turned up to oppose the criminal revision. Heard Sri Shashi Bhushan Rai, learned counsel for the revisionist and learned A.G.A. for the State. This criminal revision has been filed against the order dated 18.1.2024 passed by Special Judge (POCSO Act), Rampur in Juvenile criminal appeal no. 39 of 2023 by which affirmed by the impugned order dated 26.4.2023 passed by the Juvenile Justice Board, Rampur arises out of case crime no. 33 of 2021 under sections 363,366,376(DA) I.P.C. and section 5G/6 POCSO Act, P.S. Ganj District Rampur. An application was filed on behalf of the accused on 9.10.2022 before the J.J. Board, Rampur claiming that the date of birth of accused is 8.10.2005 and on the date of incident 3.2.2021, he was juvenile and may be declared as such. The guardian of the accused was examined as C.W.1 before the Board wherein he stated that accused is the 8th child of his parents. His eldest sister is aged about 30 years and he is aged about 17 Versus Counsel for Revisionist(s) : Shashi Bhushan Rai Counsel for Opposite Party(s) : G.A. Hira Lal .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) years. Accused studied in Ambedkar Junior High School and passed class- I examination.As per Adhar Card his date of birth is 1.1.2007, He was admitting in the school by inquiring from his elder sister, Lakshmi,that his date of birth is 8.10.2005. The Head master of Ambedkar Junior High School was examined as C.W.2, who proved that date of birth of the accused is 8.10.2005 from original S.R. Register. He could not produce admission form, attendance register and Transfer certificate register before the court and stated that despite all efforts he could not trace the same.He stated that accused studied from class 1st to VIIIth but never got Transfer Certificate issued. He stated that except S.R. Register all the documents were being destroyed. J.J. Board, Rampur, by the order dated 26.4.2023 declared the accused as juvenile against which appeal was preferred by the informant before appellate court which was dismissed and hence this revision. Learned counsel for the revisionist has submitted that there was contradiction in the age of the accused and in the date mentioned in the school register and Adhar Card. School papers were not got verified by the office of Basic Siksha Adhikari, hence appellate court has not considered the evidence on record properly while declaring the accused as juvenile. Learned A.G.A. has opposed the prayer made by the learned counsel for the revisionist. No one has turned up on behalf of the opposite party no.2 to oppose the same. This court after considering the rival submission finds that from the school register of the accused his date of birth was found to be 8.10.2005 and from the same his age was found to be between 15-16 years at the time of incident dated 3.2.2021.In the Adhar Card his date of birth was mentioned as 1.1.2007 which was again about two years less than his age in the school record .His guardian stated CRLR No. 1124 of 2024 2 that he is not aware who got the Adhar Card of the accused issued. If the Adhar card is ignored there was no credible evidence led by the accused side to prove that date of birth recorded in the school certificate of the accused. C.W.2 only proved the S.R. Register of school and stated he would not trace any other documents like, admission form, attendance register, etc.Therefore courts have committed error in declaring the accused as juvenile on the basis of only S.R. Register. No report from the office of Basic Education Officer was called about the registration of the school. There were two views regarding the date of birth of the accused and both were in his favour. Both the courts below have erred in recording the findings of facts in favour of accused. When the burden of proof was not discharged by accused with regard to his claim of juvenility. Both orders of court below are set aside.The revision is allowed. Office is directed to return the trial court record to the trial court within a week for trial of accused as adult as per section 18(3) of the Act. September 11, 2025 Atul kr. sri. CRLR No. 1124 of 2024 3 (Siddharth,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad