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2016 DIGILAW 2588 (ALL)

Sachin (Minor) v. State Of U. P.

2016-07-27

PRABHAT CHANDRA TRIPATHI

body2016
JUDGMENT : Prabhat Chandra Tripathi, J. 1. Counter affidavit filed today on behalf of opposite party no.2, is taken on record. 2. Heard Sri V.S. Parmar, learned counsel for the revisionist, Sri Pradeep Kumar Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record. 3. The present criminal revision has been preferred against the order dated 31.05.2014 passed by Additional Sessions Judge, Court No.3, Meerut in Criminal Appeal No.02 of 2014, Sachin (Minor) Vs. State of U.P. and another and order dated 16.12.2013 passed by Juvenile Justice Board, Meerut in case No. 250 of 2013 (State vs. Sachin) arising out of case crime No. 449 of 2013 under Sections 302, 307 and 504 I.P.C., Police Station-Sardhana, District-Meerut, by which the application moved by revisionist for declaration of his juvenility was rejected by the learned Trial Court. 4. While discussing the matter in hand, the juvenility of the applicant-Sachin, the Principal Magistrate, Juvenile Justice Board, Meerut in Misc. Case No. 250 of 2013 has mentioned that in the High School Examination, 2012, certificate-cum-marksheet of Sachin Kumar, his date of birth has been mentioned as 12th October, 1995. It has also been mentioned in the order dated 16.12.2013 passed by the Principal Magistrate Juvenile Justice Board, Meerut that it has been verified by the 'Board'. It has also been mentioned that in the aforesaid orders that, Medical Board has opined about the age of Sachin approximately 18 years. It is relevant to mention here that the age certificate of Sachin Kumar issued by the office of the Chief Medical Officer, Meerut dated 21.11.2013 has mentioned the age of Sachin Kumar was above 18 years. 5. It is pertinent to mention here that date on which, the age certificate has been issued i.e. three months ahead of the date, month and year of the alleged incident i.e.7.8.2013. 6. Moreover, in the judgment and order dated 31.5.2014 passed by the learned Additional Sessions Judge, Court No.3, Meerut in Criminal Appeal No. 02 of 2014, Sachin (Minor) through his guardian and natural mother Smt. Brijesh vs. State of U.P., it has been mentioned that an unattested High School Examination photostat marksheet has been filed. Due to this, the court of the learned Additional Sessions Judge, Court No.3, Meerut did not found it fit to be relied upon. 7. Due to this, the court of the learned Additional Sessions Judge, Court No.3, Meerut did not found it fit to be relied upon. 7. Learned counsel for the revisionist has cited the following ruling:- "Om Prakash vs. State of Rajasthan and another reported in 2012 (2) JIC 904 (SC)" 8. As per the Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007, the matriculation or equivalent certificate is of paramount importance. Moreover, when in the impugned order dated 16.12.2013, the Juvenile Justice Board has relied upon this fact that High School Examination, 2012 certificate-cum-marksheet of Sachin Kumar has been verified by Juvenile Justice Board then there can be no doubt about it's veracity. 9. In the light of the above discussions, this criminal revision is liable to be allowed with the following directions to the Juvenile Justice Board, Meerut :- (i). The revision is allowed and the order dated 31.5.2014 passed by the learned Additional Sessions Judge, Court No.3, Meerut in Criminal Appeal No. 02 of 2014, Sachin (Minor) vs. State of U.P. and another and order dated 16.12.2013 passed by Juvenile Justice Board, Meerut in Misc. Case No. 250 of 2013 State vs. Sachin in Case Crime No. 449 of 2013, under Sections 302, 307 and 504 I.P.C., Police Station-Sardhana, District-Meerut are hereby set aside. (ii). The Juvenile Justice Board, Meerut is directed to hold a fresh inquiry in the matter and to decide the question of juvenility of the revisionist-Sachin in Case Crime No. 449 of 2013 under Sections 302, 307 and 504 I.P.C., Police Station-Sardhana, District-Meerut within one month from the date of production of certified copy of this order.