No one has put in appearance on behalf of the revisionist to prosecute the case even on revised call.
The present revision has been filed against the order dated 8.10.2013 passed by the Additional District & Sessions Judge, Court No.15, Lucknow in Criminal Appeal No.76 of 2013. The appeal was preferred against the order dated 10.1.2013 passed by the Juvenile Justice Bord, whereby the Juvenile Justice Board after considering the High School certificate of the Uttar Pradesh Board, wherein the date of birth of respondent no.2 was mentioned as 6.7.1995, and considering the provisions of Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 ( for short 'the Rules, 2007), declared him juvenile on the date of commission of the offence on 5/6.8.2012. The appellate court has considered Rule 12 of the Rules, 2007, which provides the order in which documents are to be considered for determining the juvenility of an accused. The provisions of Rule 12 of the Rules, 2007 are extracted herein below:-
"12 Procedure to be followed in determination of Age. ?
(1) In every case concerning a child or a juvenile in conflict with law, the court or the Board or as the case may be the Committee referred to in rule 19 of these rules shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose.
(2) The Court or the Board or as the case may be the Committee shall decide the juvenility or otherwise of the juvenile or the child or as the case may be the juvenile in conflict with law, prima facie on the basis of physical appearance or documents, if available, and send him to the observation home or in jail.
(3) In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the court or the Board or, as the case may be, the Committee by seeking evidence by obtaining?
(a) (i) the matriculation or equivalent certificates, if available; and in the absence whereof;
(ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof;
(iii) the birth certificate given by a corporation or a municipal authority or a panchayat;
(b) and only in the absence of either (i), (ii) or (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year.
and, while passing orders in such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record a finding in respect of his age and either of the evidence specified in any of the clauses (a)(i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive proof of the age as regards such child or the juvenile in conflict with law.
(4) If the age of a juvenile or child or the juvenile in conflict with law is found to be below 18 years on the date of offence, on the basis of any of the conclusive proof specified in sub-rule (3), the Court or the Board or as the case may be the Committee shall in writing pass an order stating the age and declaring the status of juvenility or otherwise, for the purpose of the Act and these rules and a copy of the order shall be given to such juvenile or the person concerned.
(5) Save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7A, section 64 of the Act and these rules, no further inquiry shall be conducted by the court or the Board after examining and obtaining the certificate or any other documentary proof referred to in sub-rule (3) of this rule.
(6) The provisions contained in this rule shall also apply to those disposed of cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law."
Thus, if there is High School/Matriculation certificate available, then that has to be considered for determining the claim of juvenility at the first place.
In the present case, the High School certificate was available before the Juvenile Justice Board, in which the date of birth of the juvenile-respondent no.2 was mentioned as 6.7.1995. Considering the date of birth of the juvenile-respondent no.2 as 6.7.1995, he was declared a child in conflict with law on the date of incident i.e. 5/6.8.2012.
I do not find any impropriety or illegality in the impugned orders passed by the Juvenile Justice Bord and the appellate court.
Thus, the revision being without any merit and substance, is dismissed.
Order Date :- 27.11.2019 Rao/-