Sunita Pal vs State Of U.P. And 3 Others
2023 Latest Caselaw 12652 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL REVISION No. - 1984 of 2023
 

 
Revisionist :- Sunita Pal
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Revisionist :- Bairister Singh
 
Counsel for Opposite Party :- G.A.,Ajeet Kumar Madhesia
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Bairister Singh, learned counsel for the revisionist, Sri Ajeet Kumar Madhesia, learned counsel for the opposite party no.2 and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present criminal revision has been preferred to set aside the judgment and order dated 29.09.2022 passed by Special Judge (POCSO Act), Varanasi by which the appellate court affirmed the order dated 19.03.2021 passed by Juvenile Justice Board, Varanasi by which the opposite party no.2 has been declared juvenile on the basis of High School Certificate.

Learned counsel for the revisionist submits that the Juvenile Justice Board as well as the appellate court giving one year relaxation in the ossification test report declared the opposite party no.2 as juvenile.

Learned counsel for the opposite party no.2 submits that opposite party no.2 is an unmarried sister-in-law of the victim of a case punishable under Section 498A IPC. It is further submitted that as per educational certificate, date of birth of the victim is 23.08.1989. On the basis of High School certificate, Juvenile Justice Board as well as appellate court found the opposite party no.2 as a juvenile having age of below 18 years.

In view of the above facts and circumstances of the case, the present revision is devoid of merit and is dismissed at the state of admission.

Order Date :- 24.4.2023

MAA/-