Heard the lerned counsel for the revisionist and the respondent no.2 and the learned AGA for the respondent no.1 and perused the record.
No counter affidavit has been filed in this case.
With the consent of the learned counsel for the parties, this revision is being finally disposed of.
It appears that in S.T.No. 230/2009, the revisionist Jagmohan alias Lalla moved an application claiming himself as a juvenile. The learned Additional Sessions Judge, Fast Track Court No.2, Jalaun at Orai held an inquiry and found that the revisionist was not juvenile and the school leaving certificate filed by him was not genuine. The learned Additional Sessions Judge further found that Vishwanath Kushwaha, the Principal of the School had appeared in the witness box but could not produce the original register to verify the copy of the School Leaving Certificate. The other witnesses also could not prove the genuineness of the document. Therefore, the learned Additional Sessions Judge found that the school leaving certificate was not a genuine document. The finding of the learned Additional Sessions Judge seems to be based on proper appraisal of the evidence on record, therefore, I do not consider it proper to exercise the revisional jurisdiction.
The learned counsel for the revisionist has, however, submitted that if the school leaving certificate was found not genuine, it was obligatory on the part of the learned Additional Sessions Judge to seek opinion of the duly constituted Medical Board regarding the age of the revisionist but it has not been done in this case. According to the relevant rules, medical opinion is also one of the modes of determination of the age of a person claiming to be a juvenile. However, in that situation a margin of one year is also permissible.
In view of aforesaid facts and circumstances of the case, the revision is finally disposed of with the direction to the learned Additional Sessions Judge to obtain an opinion of a duly constituted Medical Board regarding the age of the revisionist and pass appropriate order afresh. However, the point of ingenuineness of the school leaving certificate will not be re-opened.
The interim order granted earlier, if any, is vacated.
Order Date :- 23.9.2010 RKSh