ORDER 1. We have heard the learned counsels for the parties. 2. Leave granted. 3. The complainant seeks to challenge the order of the High court of Calcutta dated 8 th August, 2017 passed in C.R.R. No. 498 of 2017 by which the respondent No. 2 accused has been declared to be a juvenile. The said respondent was facing a charge under Sections 498A/ 304B/ 302/ 120B/201/34 of the Indian Penal Code, 1860. 4. The High Court arrived at the impugned conclusion relying on an ossification test, which certified the accused to be above 20 years of age as on the date of the Ossification test i.e. 28 th October 2016. Taking into account the date of the incident i.e. 10 th September, 2014, the High Court came to the conclusion that on the date of the incident the accused would have been around 18 years of age and given the benefit of relaxation of one year under Rule 12(3)(b) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (hereinafter referred to as "the Rules") he would be a juvenile on the date of occurrence/incident. 5. We disagree with the conclusion of the High Court. The marriage certificate of the accused with the deceased which is on record certifies the age of the accused on the date of the marriage i.e. 25 th January, 2010 as 21 (twenty one) years. If the said certificate is taken into account there will be no justification to invoke Rule 12(3)(b) of the Rules to hold that the accused was a juvenile on the date of the occurrence. We, therefore, allow this appeal; set aside the order of the High Court and direct that the respondent No.2 -accused shall now be tried for the charges under Sections 498A/ 304B/ 302/ 120B/201/34 of the Indian Penal Code, 1860 in accordance with the provisions of the Code of Criminal Procedure, 1973. 6. A school certificate in support of the claimed age of the accused - respondent has been sought to be laid before us at the hearing. We find no basis to take the said school certificate on record inasmuch as the same did not form part of the record of the proceedings of the courts below. 7. The appeal is disposed of in the above terms.