RAJENDRA PRASAD DWIVEDI v. STATE OF U.P. AND 3 OTHERS
CRLR/4698/2023 · 2025-07-21
Siddharth
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48297 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119497 Court No. - 47 Case :- CRIMINAL REVISION No. - 4698 of 2023 Revisionist :- Rajendra Prasad Dwivedi Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Bipin Kumar Tripathi,Praveen Mani Shandilya Counsel for Opposite Party :- Amit Kumar Singh,G.A.,Sudhir Kumar Tripathi Hon'ble Siddharth,J. Heard Sri Bipin Kumar Tripathi, learned counsel for the revisionist; Sri Sudhir Kumar Tripathi, learned counsel for opposite party no.2 and the learned AGA for the State. This revision has been filed against the order dated 07.07.2023 passed by Special Session Judge (POCSO Act- First), Gorakhpur in Criminal Appeal No.98 of 2023, (Rejendra Prasad Dwivedi Vs. State of U.P), arising out of
order impugned dated 06.05.2023 passed by Juvenile Justice Board, Gorakhpur in Case Crime No.194 of 2015, under Section 354, 504, 506 I.P.C and Section 7/8 of POCSO Act, 2012, Police Station Sikarganj, District Gorakhpur.
Learned counsel for the revisionist has submitted that the orders of the courts below are not justified and opposite party no.2 has wrongly been declared juvenile.
Learned counsel for opposite party no.2, Sri Sudhir Kumar Tripathi, has submitted that matriculation certificate is final proof of age of accused as per Section 94(2) of the Act with regard to the determination of age of juvenile which has been accepted by the court below. After hearing rival contention of the parties, this court does not find any infirmity in the impugned orders. Revision lacks merit and is accordingly dismissed.
Order Date :- 22.7.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad