RAJESH MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. This criminal revision has been directed against the order dated 17-6-1999 passed by the VII Additional Sessions Judge, Azamgarh holdingthe revisionist not juvenile.

(2.) THE revisionist is an accused in a criminal case arising out of an incident dated 17-4-1998. Before the trial com menced, the revisionist moved an applica tion before the trial Court for an enquiry under Section 20 of the Juvenile Justice Act. THE revisionist in support of his asser tions that he is below the age of 16 years and is juvenile, filed High School Certifi cate. THE trial Court, however, sought the medical opinion of C. M. O. who after radiological test, reported that the ac cused, Rajesh Kumar is aged about 19 years. THE trial Court relying on the C. M. O. report held the'revisionist not juvenile delinquent and ordered to be tried with other co-accused. Hence, the revision.

(3.) IN the case of Pankaj Thpathi v. State of U. P (19% (33) ACC (H) 37), following the observations of the Hon'ble Supreme Court in Harpal Singh v. Himachal Pradesh (1987 Cr LJ (SC) and Bhooprai v. State of U. P. ,air 1989 page 1329, this Court held that where, there is an inconsistency in the date of birth given in the school register and the medical opinion, the evidentiary value of the school register shall be taken into con sideration as against the medical report because the medical report is nothing but an opinion based on the guesses. IN other cases, namely, Fanu alias Irfan v. State of U. P. (1990 ACC 690) and Janardan Pandey v. State of U. P, 1997 JIC 100 (Allahabad), this" Court has held that High School certificate shall be con sidered more authentic proof of the age in comparison to the medical opinion.