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2025 DAILYLAW 62049 (ALL)

RAMESH CHANDRA PAL v. STATE OF U.P. AND ANOTHER

CRLR/6115/2023 · 2025-07-02

Siddharth

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:104036 Court No. - 47 Case :- CRIMINAL REVISION No. - 6115 of 2023 Revisionist :- Ramesh Chandra Pal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri Brijesh Kumar, Advocate, holding brief of Sri Vivek Kumar Singh, learned counsel for the revisionist and the learned AGA for the State. Present revision has been filed for setting side the order dated 23.08.2023 passed by Juvenile Court, Jaunpur in Criminal Appeal No.85 of 2023 as well as judgement and order dated 30.06.2023 passed by Juvenile Justice Board, Jaunpur in Case No.149 of 2022, arising out of Case Crime No.35 of 2022, under Sections 324, 307, 34, 506 I.P.C, Police Station Baksha, District Jaunpur. Learned counsel for the revisionist submits that the Juvenile Court, Jaunpur and Juvenile Justice Board have committed error in rejecting the objection of the revisionist with regard to the declaration of opposite party no.2 as juvenile. He was not juvenile on the date of incident. It has been submitted that the Juvenile Court has illegally got the Ossification Text of opposite party no.2 conducted and on the basis of same declared him juvenile. After perusal of the material on record, this court finds that the Juvenile Justice Board has recorded finding that as per Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, in the absence of the matric or equivalent certificate, other certificate like the certificate of school or certificate issued by Nagar Nigam or Nagar Palika or Panchayat can be taken cognizance. In absence of all the above documents reliance on the report of medical board can be made. In the present case the High School certificate of opposite party no.2 shows his date of birth 11.08.2004. According to which his age comes to 17 years, 5 months and 26 days, which is less than 18 years. From the Ossification Test report also opposite party no.2 was found to be aged about 18 years and therefore on the date of incident 06.02.2022 he was aged about 16 years, 9 months and 19 days, which is below 18 years. Learned counsel for the revisionist is not able to rebutt the concurrent findings recorded by the Juvenile Court, Jaunpur and Juvenile Justice Board. Revision lacks merit and it is accordingly dismissed. Order Date :- 3.7.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad