VALAJINDRA KAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri B.K. Srivastava, Senior Advocate assisted by Ms. Poooja Srivastava, learned counsel for the revisionist, Shri Subhash Chandra Pandey, learned counsel for the opposite party no. 2, Sri M.P. Singh, learned AGA for the State and perused the record.

(2.) This revision has been filed against the judgement and order dated 01.04.2014 passed by Additional Sessions Judge, Court No. 2, Rampur in Criminal Appeal No. 66 of 2013 (Smt. Valajindra Kaur Vs. State of U.P and another) dismissing the appeal and affirming the order of Juvenile Justice Board dated 09.10.2013.

(3.) Aggrieved by the impugned judgement, this revision has been filed challenging the impugned judgement on the ground that the impugned judgement is against the material evidence on record, arbitrary, illegal and suffers from manifest error of law and is based on conjectures and surmises. The court below has not applied its judicial mind. In absence of the matriculation certificate the date of birth recorded in the school first attended has to be taken into consideration, in which the date of birth was recorded to be 01.02.1995 and the same was proved by principal of concerned school. In the family register also the same date of birth was mentioned and the extract of the family register was proved by the Secretary, Gram Panchayat. Instead of relying on these evidence, Juvenile Justice Board relied on medical report with regards to the age of Mandeep Singh which is contrary to law as medical evidence is not binding and the school admission register, transfer certificate and extract of family register was on record and were proved by the witnesses. Therefore, the revisionist has prayed to set aside the impugned judgement as well as the judgement of Principal Judge, Juvenile Justice Board dated 09.10.2013 in Case Crime No. 1563 of 2011 by which prayer to declare Mandeep Singh juvenile has been turned down.