IRFAN Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State.

(2.) The present criminal revision has been filed against the order dated 31.07.2017 passed by the Special Judge S.C./S.T. Act, Mainpuri in Criminal Appeal No. 6 of 2017. By that order the learned court below has rejected the Criminal Appeal preferred by the applicant against the order of Juvenile Justice Board, Mainpuri dated 25.11.2015 in Case Crime No. 57 of 2015, under Sections 302, 323, 354, 252 IPC, Police Station Lau, District Mainpuri, by which the Juvenile Justice Board had rejected the claim made by the applicant as to his juvenility with respect to the occurrence on 20.3.2015.

(3.) Shorn of all the details, undisputedly the incident is of the date 20.2015. The applicant on his part made a claim of juvenility on the basis of his High School certificate. At the same time he had disclosed before the Juvenile Justice Board that he had studied from Class I to V at the Primary School, Muira Chak. During the course of the enquiry made by the Juvenile Justice Board, the applicant had produced his High School certificate from the Prem Prayag Kanya Inter College, Bhogaon, Mainpuri wherein the date of birth of the applicant was found to be recorded as 10.7.1997. Also, a transfer certificate was filed by the applicant claimed to have been issued by the Madan Junior Basic School, Bhogaon, Mainpuri with respect to his schooling prior to his admission at the Prem Prayag Kanya Inter College, Bhogaon, Mainpuri. The Head Master of the primary school, Muira Chak had also been examined by the Juvenile Justice Board as CW-1.