AJAY Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision is filed against the order dated 20.4.2005 passed by Sri. R.S. Chaubey Sessions Judge, Etawah, whereby the learned Sessions Judge rejected the revisionist's application for declaring him as juvenile. The revisionist was involved in case Crime No. 6 of 2005 P.S. Lavedi, district Etawah u/S. 302/34 IPC. During the pendency of his bail application before the Sessions Judge, the revisionist moved an application on which the impugned order was passed.

(2.) I have heard Sri R.K. Porwar and Sri R.O.V.S. Chauhan for the revisionist and Sri Manish Tiwari, Sri A.K. Awasthi and learned A.G.A. for the respondents.

(3.) The learned counsel for the revisionist drew my attention towards sub-rule (5) of Rule 22 of the "Model Rules" framed under the Juvenile Justice (Care and Protection of Children) Act 2000, herein after called as ''the Rules'. Drawing my attention towards sub-rule (5) of Rule 22 of the Rules, he argued that the age opined by the medical Board cannot be taken into account if the birth certificate issued by the Corporation or the Municipal Authority or the date of birth certificate from the school first attended or the matriculation or equivalent certificate is available. He argued that in the court of Sessions Judge, the revisionist had filed a cooy of the scholar register and transfer certificate form showing his date of birth as 5.7.89; that despite the availability of the said educational certificate regarding date of birth of the revisionist the learned Sessions Judge adopted an erroneous view on the basis of medical opinion regarding the age of the revisionist. He added to his argument that even in the medical certificate the age of revisionist was opined as 19 years; that the learned Sessions Judge further erred in not giving the grace of two years in lower side while considering the medical opinion regarding the age. He argued that neither medical opinion nor the voters list deserved to be considered when the educational certificate regarding the age of revisionist was already on record.