HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 12 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J. 1. As per office report dated 10.4.2025 notice on opposite party no.2 has been served, but no one has put in appearance on behalf of opposite party no.2 to oppose this criminal revision. 2. Heard Sri Praveen Kumar Singh, learned counsel for the revisionist; learned A.G.A. for the State and perused the material on record. 3. The present criminal revision has been filed to set and aside the judgement and order dated 24.11.2023 passed by Special Judge (POCSO Act)/ Additional District and Sessions Judge, Varanasi, in Criminal Appeal No. 206 of 2023 and order dated 17.10.2023 passed by the Juvenile Justice Board, Chandmari, Badalapur, Varanasi, in Case No. 287 of 2023 under Section 306 I.P.C, Police Station Luxa, District Varanasi. 4. Learned counsel for the revisionist has submitted that before the Juvenile Justice Board, only Class IVth school admission form was produced by the opposite party no.2 in support of his claim of juvenility. Accountant of the school appeared before the Board with S.R. register of the school and proved aforesaid document. He admitted that in the S.R. register only name of the opposite party no.2 was mentioned and he also admitted that he has appeared before the Board without any permission of the school. Learned counsel for the revisionist further submits that Class IVth admission form or school record was not relevant as per Section 94 (2) of Juvenile Justice (Care and Protection of Children) Act. In case Versus Counsel for Revisionist(s) : Anurag Vajpeyi, Praveen Kumar Singh Counsel for Opposite Party(s) : G.A. Bharat Badlani .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) certificate of school or matriculation certificate or certificate issued by corporation or a municipal authority or a panchayat were not available, Juvenile Justice Board should be directed conducting ossification test of opposite party no.2, which was not conducted. The Board relied upon only Class IVth admission form of opposite party no.2. The impugned order was passed by Juvenile Justice Board, which was illegally confirmed by Children's Court. 5. Learned AGA has opposed the submissions made by learned counsel for the revisionist and has submitted that courts below have rightly passed the orders. 6. After hearing the rival submissions, perusal of trial court record, a look at Section 94 (2) of Juvenile Justice (Care and Protection of Children) Act, which is quoted below:- "94(2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining - (i)the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; (ii)the birth certificate given by a corporation or a municipal authority or a panchayat; (iii)and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board: Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order." This Court finds that provision is clear that in the absence of the documents required under Section 94 (2) (i) (ii) of the Act, resort to provision (iii) should have been made ordering ossification test of CRLR No. 12 of 2024 2 opposite party no.2, which has not been done. 7. In view of the above, both the orders passed by the courts below are set aside. 8. The above noted criminal revision is allowed. 9. Juvenile Justice Board is directed to get ossification test of opposite party no.2 conducted and pass appropriate order regarding the issue of juvenility of opposite party no.2 again, within a month from the date of production of certified copy of this order. September 15, 2025 Ruchi Agrahari CRLR No. 12 of 2024 3 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad