Neutral Citation No. - 2025:AHC:136104 RESERVED ON 15.7.2025 DELIVERED ON 12.8.2025 Court No. - 47 Case :- CRIMINAL REVISION No. - 3827 of 2023 Revisionist :- X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Rejoinder affidavit filed by learned counsel for the revisionist is taken on record. Heard Shri Sanjay Kumar Srivastava, learned counsel for the revisionist; learned A.G.A. for the State and perused the record. This revision has been filed against the judgement and order dated 18.4.2023 passed by the Special Judge (POCSO ) Court No.1/Addl. Session Judge, Meerut in Criminal Appeal No. 29 of 2023 as well as the order dated 7.1.2023 passed by the Juvenile Justice Board, Meerut in Misc. Case No. 240 of 2022 (Case Crime No. 142 of 2022) under section 4/25 of Arms Act, P.S. Jani, District Meerut. rejecting the prayer of revisionist for declaring him as Juvenile. An application was filed by father of the revisionist praying for declaring him juvenile .It was stated that date of birth of the revisionist is 17.5.2006 and therefore on the date of incident dated 15.4.2022, revisionist was aged between 15-16 years. The father of the revisionist was examined as A.W.1, before the juvenile Justice Board, Meerut and he stated that revisionist was studying in class 1 to 5 in Flora Dale Junior High School, Shival Khas and thereafter for class 6 to 9 in Flora Dale Girls Inter college, Shival Khas, Meerut.In his cross examination he admitted that he did not got birth of the revisionist registered in any local body nor he had birth certificate of the revisionist at the time when he was admitted in school. A,W. 2, teacher of the Flora Dale Junior High School Shival Khas proved that revisionist was admitted in his school in class IX on 1.4.2019 and passed class IX examination on 16.4.2020.His date of birth mentioned in school register was 17.5.2006. He was admitted in class VI on the basis of class Vth T.C. issued by F.D.H. Madarsa Islamia Shival Khas. The transfer certificate of class IXth was issued on 5.10.2020. A.W, 3 Head Master of F.D.H. Madarsa Islamia, Shival Khas proved the date of birth of the revisionist was recorded as 17.5.2006 and that he took admission in class IV .The date of birth was recorded on the basis of affidavit given by the father of the revisionist before the school. The revisionist studied in class 1 to 3 at his home. The Board found that date of birth of the revisionist recorded in the school first attended was although 17.5.2006 but it was not based on any birth certificate issued by any local authorities /body. Two Adhar Cards of the revisionist was filed before the Board and both were being different dates of birth. Thereafter Board directed ossification test of the revisionist wherein his date of birth was found to be 19 years, after 7 months and 24 days of the incident . Thereafter Board concluded that date of the birth of the revisionist at the time of incident was 18 years, 4 months and 6 days. Therefore he was adult at the time of incident .The Children Court on appeal reached at the same conclusion. After hearing the rival contention this court finds that burden of proof of proving that revisionist was juvenile on the date of incident was on the revisionist side. No reliable educational documents was produced before the J.J. Board to prove that date of birth of the revisionist was 17.5.2006. It was found by the court that date of birth of the revisionist was recorded in the school first attended of revisionist on the basis of affidavit of his father. While A.W.1 stated that revisionist was studying in Flora Dale Junior High School Shival Khas from class 1 to 5 .It was found that from the statement of A.W.2 that he studied in F.D.H Madarsa from class IV. A.W.3 proved that at the time of admission father of the revisionist informed the Madarsa that he studied from class 1 to 3 privately at home.Therefore it is clear that father of revisionist A.W.1, did not appeared before the court with clear hands. The ossification test report of the revisionist was not required in view section 94 (2) (iii) of Juvenile Justice (Care and Protection of Children)Act, 2015,since the documents produced as per section (94)(2) (i) was not found to be reliable. In view of the above consideration, this court finds that judgement and order passed by both the courts below are in accordance with law and hereby confirmed. The criminal revision is dismissed. Order Date :- 12.8.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad