Neutral Citation No. - 2025:AHC:136073 Reserved On:- 31.07.2025 Delivered On:-12.08.2025 Case :- CRIMINAL REVISION No. - 4135 of 2023 Revisionist :- Grb Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Brijesh Kumar Yadav,Manoj Kumar Yadav Counsel for Opposite Party :- G.A.,Janardan Prasad Tripathi Hon'ble Siddharth,J. 1. Heard Sri Brijesh Kumar Yadav, learned counsel for revisionist; learned AGA for State and perused the material on record. 2. This revision has been filed to set aside the judgment and order dated 06.04.2023 passed by Principal Magistrate, Juvenile Justice Board, Prayagraj, in Criminal Appeal No. 72/2023 (GRB Vs. State of U.P. and others) and impugned order dated 07.06.2023 passed by Addl. Children Court, Prayagraj, in case crime no. 183/2022, under sections 394, 302 of IPC at Police Station- Manda, District- Prayagraj. 3. The date of birth of the revisionist was found to be 10.06.2005 in the school record of Raj Kumari Devi, Ucch Madhyamik Vidyalaya, Mirzapur. 4. The informant filed objection bringing on record the photocopy of the student register of Raj Kumari Devi Prathmik Vidyalaya, Bakheda Khurd Missirpatti, Mirazapur, wherein the date of birth of revisionist was recorded as 12.11.2003. The Juvenile Justice Board on the basis of contradictions in the date of birth recorded in both the schools held that both dates are unreliable and ordered for conducting ossification test of the revisionist wherein his age was found to be 19 years at the time of the examination. The Board determined the age of the juvenile as 18 years, 2 months and 29 days on the date of incident dated 30.06.2022. 5. This Court finds that the Board did not made any effort to call any witnesses from both the schools where the revisionist studied to ascertain the date of birth of the revisionist recorded in the both the schools since photocopies of the documents were filed before the court which was required to be proved by competent witnesses before the court as per section 94 (i) of the Juvenile Justice Board, once the documents regarding the date of birth recorded in the school record is available, there is no requirement of calling for ossification test report from the Medical Board as per section (iii) of the aforesaid Act. 6. In view of the above, the order passed by Juvenile Justice Board, affirmed by the appellate court, are set aside. 7. Revision is allowed. 8. Juvenile Justice Board, Prayagraj, is directed to get the educational documents of the revisionist verified by calling witnesses from both the schools where the revisionist studied and passed fresh order regarding his date of birth and age in accordance with law within period of 30 days from the date of production of certified copy of this order. 9. Registrar (Compliance) of this Court is directed to communicate this order to the court below within one week. 10. Let the trial court record be sent back to the trial court within two weeks. Order Date :- 12.8.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad