1 Neutral Citation No. - 2025:AHC:139898 Reserved On:- 31.07.2025 Delivered On:- 18.08.2025 Case :- CRIMINAL REVISION No. - 354 of 2025 Revisionist :- Pramod Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- R.V. Pandey,Yogesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth, J. 1. Heard Sri R. V. Pandey, learned counsel for the revisionist and the learned A.G.A for the State. 2. This criminal revision has been preferred against the impugned order dated 10.12.2024 passed by the learned Special Judge (POCSO Act), Court No. 8, Ballia on application no. 163 of 2024, Rule 12(3) of Juvenile Justice (Care and Protection of Children) Act of the revisionist arising out of Case Crime No. 163 of 2017, under Sections- 363, 376 IPC and Section ¾ of POCSO Act, Police Station- Bhimpura, District- Ballia pending in the court of Special Judge (POCSO Act), Court No. 8. 3. The claim of juvenility was made before the Special Judge claiming that the date of birth of the revisionist is 08.10.1999 and on the date of incident dated 17.05.2017 he was aged about 17 years, 6 months and 10 days. In support of his claim certificate of high school examination of 2014, marksheet of junior high school of year 2012 was also produced along with marksheet of class-Vth of the year 2005. The father of revisionist was examined as CW-1 who stated that he got his son admitted in primary school, Adlabad, District- Lakhimpur Khiri wherefrom he 2 passed class-8th examination. His date of birth recorded in school is 08.10.1999 which is also recorded in his photocopy of high school marksheet and adhar card. Principal of Maa Chandradei Ram Charan Inter College, Rausada, Pashuhari, District- Ballia, was examined as C.W.-2. He also proved the date of birth of the revisionist as 08.10.1999 as per his school register record. He admitted that revisionist was admitted in his school in class-9th on 14.07.2022 and he passed High School examination in 2014. Head Master of Sovilian School, Charauwan, Education Area Siyar, District Ballia, was examined as CW-3 who produced the school register and proved that the date of birth of revisionist recorded in the school is 08.10.1999. His name is also mentioned in the transfer certificate. The Headmaster of Composite Junior High School, Masuriya, Education Area Nagar, District Ballia, was examined as C.W.-4 to prove that the revisionist was student of his school from 2006 to 2011. He was admitted in his school on the basis of his earlier studies in Composite Junior High School, Masuriya Nagra in class8th on 27.07.2011 as proved by C.W.-3 but he admitted that there is no documentary evidence in this regard. Special Judge has rejected the claim of revisionist and hence this revision. 4. The Special Judge has recorded the finding, after considering the relevant case laws of the Apex Court, which have also been relied upon by the learned counsel for the revisionist that the revisionist studies from class 1st to 5th in Lakhimpur Khiri. He had agricultural holding in Lakhimpur Khiri and his entire family members used to do agricultural work in Lakhimpur Khiri. The revisionist studied from class 6th to 8th in Charauwan on the basis of transfer certificate and class 5th. He got the date of birth of his revisionist mentioned in the school as per his estimation. C.W.-2 proved the transfer certificate of revisionist and his high school marksheet. He proved that on 14.07.2012 revisionist was admitted in 3 school in class 9th. He denied that class-8th transfer certificate on the basis of which revisionist was admitted in his school was fabricated. The record of class-8th was not found by the court since it was pleaded that the record of Ucchh Prathmik Vidhyalaya, Masuriya was stolen but in the register of the college the name of revisionist was mentioned on 23.11.2022. Police was informed about the theft in school. C.W.-4, Headmaster of Composite Junior High School, Masuriya, Nagra stated that the revisionist was neither admitted in his school nor he studied there from year 2006 to 2011. 5. The court found that there is no documentary evidence of the revisionist studying in Lakhimpur Khiri except the oral statement of C.W.- 1. The statement of C.W.-4 regarding theft of record of his school also did not found favour with the court. It held that the high school certificate of revisionist does not bears the correct date of birth and has disbelieved the same as per the judgment of Apex Court in the case of Sanjeev Kumar Gupta vs. State of U.P reported in 2019 (12) SCC 370. 6. Learned counsel for the revisionist has submitted that the findings of Special Court are not in accordance with law. Special Judge has wrongly disbelieved the fact that the school records were stolen. He has submitted that the court below has not properly considered the evidence on record. He placed reliance upon almost all the judgments which had been referred to by the Special Judge in the impugned judgment. 7. After considering the rival submissions, this Court finds that C.W.-3 has proved that the name of the revisionist was entered in the admission register of Ucchttar Prathmik Vidyalaya, Charauwan, but other documents were stated to have been stolen. However, the record shows that as per the information given by the police on 23.01.2022 to C.W.-3, only computer sets used by the students were stolen. The report was not with respect to the loss of school admission records. C.W.-3 further stated that the 4 revisionist studied in Ucchttar Prathmik Vidyalaya, Masuriya, Nagra; whereas C.W.-4, the Headmaster of Composite Junior High School, Masuriya Nagra, categorically denied that the revisionist had ever studied in his school. In these circumstances, the Court entertained a doubt regarding the authenticity of the documents pertaining to the revisionist’s studies from Class 1 to Class 8, and consequently held that his High School certificate does not bears the correct date of birth. 8. Counsel for the revisionist is unable to dispute the findings recorded by the Special Court. Accordingly, the judgment and order passed by the Special Court stand affirmed. 9. The revision, being devoid of merit, is hereby dismissed. Order Date :- 18.08.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad