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Reserved on 21.8.2025 Delivered on 11.9.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2675 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J.
1. Heard Sri Sudhir Mehrotra, learned counsel for the revisionist; learned A.G.A. for the State and perused the material on record. 2. The present criminal revision has been filed to set and aside the judgement and order dated 7.3.2024 passed by Additional Sessions Judge, Court no.12, Bulandshahar in Criminal Misc. Case No. 233 of 2023, in Case Crime No. 583 of 2018, under Sections 147, 148, 149, 124-A, 332, 333, 336, 353, 341, 307, 427, 436, 392, 412, 302, 34 I.P.C. Section 3/4 Public Property Act and 7 Criminal Law Amendment Act , Police Station Syana, District Bulandshahar. 3. An application was filed under Section 9 Juvenile Justice (Care and Protection of Children) Act before the Sessions Court on behalf of the accused/revisionist claiming that as per Class 9th certificate issued by Public School, Syana, Bulandshahar, his date of birth is 23.8.2003 and therefore on the date of incident dated 03.12.2018, he was aged about 15 years, 3 months and 10 days only. Hence he may be declared as juvenile. 3. From the applicant side, transfer certificate issued by Banarasi Das Memorial Public School, Sriram Vihar Colony, Syana, Bulandshahar and also photocopy of Adhar Card were filed. 4. The informant opposed the application on the ground that application is belated and his claim has been made on the basis of fabricated documents. 5. Sessions Court found that in the Class 1st S.R. register of Public School, Syana, Bulandshahar, there is cutting in date of birth of revisionist, which has not been explained by the clerk and head master of the institution examined as CW-2 and C.W.4 before the court. The parents of the Versus Counsel for Revisionist(s) : Dhirendra Kumar Agrahari, Sudhir Mehrotra Counsel for Opposite Party(s) : G.A. Ashish .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
revisionist did not filed any affidavit proving his date of birth at the time of admission in the aforesaid school. His date of birth was recorded in Class 1st on the basis of oral information given by his parents. C.W-2 admitted that parents of the revisionist did not produced any documents proving his age at time time of admission in his school.
In the S.R. register of the school, year 2000 has been changed by cutting to 2003 as admitted by CW-2. Therefore, there was no reliable evidence produced by the revisionist before the court to prove that he was juvenile at the time of alleged incident. 6. In view of the above, this Court does not finds any illegality in the order passed by the appellate court. The impugned order passed by the Sessions Court is affirmed. 7. The above noted criminal is dismissed. 8. Office is directed to return the trial court record, within a week. September 11, 2025 Ruchi Agrahari CRLR No. 2675 of 2024 2 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad