SHAN NAWAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been filed by the revisionist against the judgment and order dated 13.1.2009 passed by learned Additional District Judge, Court No. 9, Muzaffar Nagar.

(2.) The brief facts of this case are that the revisionist is involved in Case Crime No. 215 of 2007 under Section 302/307 I.P.C., Police Station Charthawal, District Muzaffar Nagar. On 12.6.2007, the mother of the revisionist moved an application before the Juvenile Justice Board ( for short "the Board") as constituted under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (For short "the Act") with the prayer that the revisionist be declared a juvenile as on the date of the alleged incident his age was less than 18 years. The learned Board considered the said application, collected oral as well as documentary evidence and after considering the evidence available before him and hearing the learned counsel for both the parties, allowed the said application by holding that on the relevant date the revisionist was a juvenile. The complainant/opposite party no. 2 Smt. Khatizan felt aggrieved by the order passed by the Board and preferred an appeal before the learned Sessions Judge under Section 52 of the Act. The said appeal was registered as Criminal Appeal No. 11 of 2008 and was transferred to the court of IX Additional Sessions Judge for its disposal in accordance with law. The learned Judge heard the learned counsel for the parties and thereafter by a detailed judgment, he allowed the appeal and set aside the order passed by the Board through which the Board had declared the revisionist a juvenile. Hence the present revision.

(3.) The date of the order passed by the learned Board is 24.1.2008 and that of the learned lower appellate court is 13.1.2009. On that date the Juvenile Justice (Care & Protection of Children) Rules, 2007 (for short "the Rules") had come into force. Rule 12 of the Rules prescribes the procedure to be followed in determination of age of a juvenile. This Rule prescribes that "In every case concerning a child or a juvenile in conflict with law, the age of such type of juvenile shall be determined in accordance with the procedure given in this rule keeping in view the physical appearance or documents, if available, and keeping in view the procedure as laid down in sub Rule 3 of Rule 12 of the Rules." The said sub rule 3 of Rule 12 of the Rules is as follows :