Allahabad High Court
Mukesh Kumar vs State Of U.P. And Another on 27 October, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:187436
Reserved On:- 24.09.2025 Delivered On:- 27.10.2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 2230 of 2025
Mukesh Kumar
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Revisionist(s)
:
Jai Prakash Prasad
Counsel for Opposite Party(s)
:
Balbir Yadav, G.A.
In Chamber
HON'BLE SIDDHARTH, J.
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Heard Sri Jai Prakash Prasad, learned counsel for the revisionist; Sri Balbir Yadav, learned counsel for opposite party no.2; learned A.G.A for State-respondent and perused the trial court record.
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The present criminal revision has been preferred against the order dated 29.11.2024 passed by the Juvenile Justice Board Aligarh in Misc Case No. 93 of 2024 (State Vs. juvenile X son of Y) arising out of Case Crime No. 302 of 2024 under sections- 364, 302, 201 I.P.C and 3(2)v SC/ST Act, Police Station- Akarabad, District- Aligarh, declare the opposite party no. 2, juvenile as the judgment and order dated 20.03.2025 passed by Special Judge (PCOCSO Act)/ Additional District and Session Judge Aligarh, in Criminal Appeal No. 188/2024 (Mukesh Kumar Vs. State of U.P. and another) affirming the order dated 29.11.2024 passed by Juvenile Justice Board, Aligarh.
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An application was made before Juvenile Justice Board by the father of the opposite party no.2 claiming that the date of birth of opposite party no.2 is 02.10.2008 and therefore, on the date of incident dated 31.05.2024, he was aged only 16 years and was juvenile.
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Before the Board, the complainant filed objection stating that the opposite party no. 2 studied from Class-1 to Class-5 in Dixit Gyankunj Shiksha Sansthan, Bhataula, Aligarh where his date of birth is recorded as 02.10.2005. The date of birth mentioned in the High School Certificate as 02.10.2008 is fabricated.
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C.W.-1, father of the opposite party no. 2, proved that he has two children, first is opposite party no.2 aged about 16 years and the other is his daughter aged about 14 years. He has no knowledge from where the opposite party no. 2 passed Class-1 to Class-8. He only knows that the opposite party no.2 has studied in Ganga Prasad Inter College, Shekhupur, Aligarh from Class- 9 to Class-12.
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C.W.-2, Head Master of Ganga Prasad Inter College, proved that opposite party no.2 was admitted in his School in Class-9 on 01.05.2020 on the basis of Transfer Certificate of Class-8th issued by Dixit Gyankunj Shiksha Sansthan mentioning his date of birth as 02.10.2008.
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C.W.-3, Head Master of Dixit Gyankunj Shiksha Sansthan proved that the opposite party no.2 was admitted in his School on 01.04.2017 in Class-6 on the basis of Transfer Certificate issued by Primary Section of his School mentioning his date of birth as 02.10.2008.
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C.W.-4, Teacher of Dixit Gyankunj Shiksha Sansthan Inter College proved that opposite party no.2 studied in his School from Class-3 where he was admitted on 03.07.2014. He stated that Transfer Certificate of Class-5 issued to opposite party no.2 was issued on 03.03.2017.
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Before the Juvenile Justice Board, the opposite party pointed out that the Police has collected the Admission Register of Dixit Gyankunj Shiksha Sansthan, wherein the date of birth of opposite party no.2 was recorded as 02.10.2005. The Board has brushed aside the same stating that it may be inadvertent error and there is no evidence to the contrary brought on record. Further the Head Master of the School issued a Certificate certifying that in the S.R. Register of the School, the name of the opposite party no. 2 finds place at SR. No. 2688 which was provided to the Investigating Officer of this case. He certified that the age of the opposite party no.2 is mentioned as 02.10.2005 and he studied in Dixit Gyankunj Shiksha Sansthan from Class-1 to Class-5th.
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This court finds that there are contradictory evidences regarding date of birth issued by the same School. While C.W.-3, Ranvir Singh, teacher, proved the date of birth of the opposite party no.2 as 02.10.2008 registered in Dixit Gyankunj Shiksha Sansthan Inter College, Principal of the College provided the extract of the Admission Register of opposite party no.2, wherein his date of birth is recorded as 02.10.2005. The Principal of the aforesaid School also certified the same date of birth of the opposite party no .2 on the basis of School record, therefore, the Board should have summoned the Principal of the aforesaid School along with the Admission Register of opposite party no.2 and thereafter, should have determined the correct date of birth of opposite party no. 2.
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Therefore, the judgments and orders impugned have not been passed on the basis of proper appreciation of the evidence on record. The findings recorded by both the courts below are perverse and hence their judgment and order are hereby set aside.
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The Criminal Revision is allowed.
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The Juvenile Justice Board, Aligarh is directed to get the original record of admission of opposite party no. 2, his attendance register from the School and after getting the same proved as per Section-35 of the Evidence Act re-determine the date of birth of opposite party no. 2, within two months from the date of production of the certified copy of this order before the Board.
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Compliance Report of this order shall be sent to the Registrar (Compliance) of this Court by the Juvenile Justice Board, Aligarh, for being kept on record of this case.
(Siddharth,J.)
October 27, 2025
Rohit
