"X" CIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal revision has been preferred under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, assailing the judgment and order dtd. 30/3/2024 passed by the learned Additional Sessions Judge/FTC (POCSO), Haridwar, in Misc. Criminal Case No. 10 of 2024 (State v. Hukum Singh), whereby the application of the Revisionist seeking declaration of juvenility was rejected and the Revisionist was held to be a major.

(2.) The Revisionist is an accused in FIR No. 0714 of 2023, registered at Police Station Laksar, District Haridwar, under Ss. 363, 366, 376(2) IPC and Ss. 5/6 of the POCSO Act. The Revisionist is in judicial custody since 24/10/2023.

(3.) The case of the Revisionist is that his date of birth is 12/1/2007, and therefore, on the date of the alleged incident, he was below eighteen years of age and was a child in conflict with law within the meaning of the Juvenile Justice Act. In support of the said claim, reliance is placed upon the school transfer certificate, school records, family register and Aadhaar card, all of which record the same date of birth.