MOHD. FAIJAN @ FAZZOO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned Counsel for the revisionist and learned A.G.A. as well as perused the documents available on record.

(2.) This Criminal Revision under Sec. / of the Code of Criminal Procedure (hereinafter referred to as 'Code') has been filed by the accused -revisionist against the judgment and order dated 28.1.2009, passed by the learned Special Judge, E.C. Act, Lucknow in Criminal Appeal No. 272 of 2008 Mohd. Faijan alias Fazzoo v/s. State of U.P. and Ors., whereby the learned Special Judge had dismissed the appeal filed by the accused revisionist under Sec. of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'Act') against the order dated 6.2.2007, passed by the Juvenile Justice Board (hereinafter referred to as 'Board') whereby the Board had declined to declare the accused revisionist as juvenile on the date of occurrence.

(3.) From a perusal of the impugned order dated 28.1.2009, passed by the learned Special Judge, E.C. Act as well as the order dated 6.2.2007, passed by the Board, it appears that the accused revisionist Mohd. Faijan alias Fazzoo moved an application before the Board that he be declared juvenile. The accused revisionist had filed school leaving certificate before the Board. The Board examined Farid Ahmad, the clerk in Florance Nightingale Academy to prove the copy of the school record showing the date of birth of the accused revisionist. As per medical examination report of the accused revisionist, the age of accused was about 19 years as all the joints of his bones had already fused. The Board did not accept the school leaving certificate on the ground that the above school was not recognized at the time the accused revisionist had taken admission. More over, there was no basis of information before the institution about the date of birth of the accused. The Board, therefore, accepted the opinion of medical board and treated the accused to be major at the time of occurrence.