YUNUS Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionist on the point of admission and perused the record.

(2.) The instant criminal revision has been filed against the order dated 26.5.2014 passed by Addl. Sessions Judge, Court No.1, Saharanpur whereby the criminal appeal No.93 of 2013 (Yunus vs. State), arising out of the order passed by Juvenile Justice Board dated 11.7.2013 refusing to declare the revisionist as juvenile in Case Crime No.351 of 2012 under Section 376 (2)(6) IPC., P.S. Deoband, District Saharanpur, was dismissed.

(3.) Learned counsel for the revisionist has assailed the legality of the order impugned on the ground that the lower Appellate Court as well as the learned Trial Court have completely ignored to consider the point that in the school leaving certificate filed by the revisionist, his date of birth is mentioned as 21.2.1996 and the name of his earlier school is also mentioned as Subhan Public School but the courts below did not bother to either enquire from Subhan Public School or summoned any person from the said school. Thus the courts below, acting with material irregularity, have passed the impugned orders.