On 04.06.2007, a First Information Report in short the FIR was lodged by Khatizan, wife of Nawab the deceased, against the appellant herein and three others for the alleged occurrence which culminated into Crime Case No.
The said clerk brought the entire records maintained by the School.
On 12.06.2007, the mother of the appellant submitted an application before the Juvenile Justice Board in short the Board , Muzaffarnagar, U.P. stating that the appellant was a minor at the time of the alleged occurrence.
The appellant left the said school on 20.05.1998.
Brief facts The appellant claims to have born on 18.06.1989 in Village and Post Dadheru Kala, Police Station Charthawal, District Muzaffarnagar, U.P. He was admitted in Class I in Nehru Preparatory School, Khurd, Muzaffarnagar on 05.07.1994 and studied there till 20.05.1998.
716 of 2009 whereby the High Court dismissed the criminal revision filed by the appellant herein.
Challenging the judgment dated 13.01.2009 passed by the Additional Sessions Judge, the appellant filed Criminal Revision No.
Against the judgment of the Board, Khatizan the wife of the deceased filed Criminal Appeal No.
The alleged occurrence took place on 04.06.2007.
On 04.07.1998, he was admitted in Class VI in the National High School Dadheru, Khurd O Kalan, Muzaffarnagar, U.P. On 21.05.2004, he left the said school, namely, National High School as he failed in High School.
The High Court, by the impugned judgment dated 10.12.2010, dismissed the criminal revision.
Another document relied on by the appellant is School Leaving Certificate dated 11.07.2007 issued by Nehru Preparatory School, Khurd, Muzaffarnagar wherein it numbered the registration number, name of the school, students name, date of birth 18.06.1989 written in words also, Fathers name, occupation, caste, residential address, date of admission in school, date of leaving of school.
Thereafter, on 04.07.1998, he got admission in Class VI in the National High School Dadheru, Khurd O Kalan, Muzaffarnagar and studied there till Class X. The date of birth in the mark sheet is mentioned as 18.06.1989.
From Class VI till Class X the appellant remained and studied companytinuously in the aforesaid school.
By order dated 13.01.2009, the Additional Sessions Judge allowed the said appeal filed by the companyplainant and set aside the order dated 24.01.2008 passed by the Board.
The said clerk was also cross examined at length.
Khatizan, wife of deceased Nawab filed Criminal Appeal No.
After examining the witnesses, the Board, vide judgment and order dated 24.01.2008, declared the appellant juvenile under the provisions of the Juvenile Justice Care and Protection of Children Act, 2000 hereinafter referred to as the Act .
his name, Date of Birth, name of the school, details regarding various subjects, maximum marks, marks obtained and ultimate result in the examination.
The certificate companytained signature of the Clerk Salim Ahmed, who prepared the same, the signature of the examiner and signature and seal of the Head Master.
The appellant has produced mark sheet of High School examination issued by the school authority, namely, National High School, Dadheru, Khurd O Kalan, Muzaffarnagar.
716 of 2009 before the High Court of Allahabad.
The High Court dismissed the said Revision mainly on the ground that in the absence of any matriculation or equivalent certificate and companysidering the language used in Rule 12 with reference to only Certificate and number mark sheet, dismissed the Revision petition.
The State respondent No.1 did number file any appeal.
It is relevant to point out that the State, who is the prosecuting agency did number file any appeal.
11 of 2008 under Section 52 of the Act before the learned Additional Sessions Judge, Muzaffarnagar.
Aggrieved by the order of the Additional Sessions Judge, the appellant filed Criminal Revision No.
215 of 2007 at Police Station Charthawal, District Muzaffarnagar, U.P. under Sections 302 and 307 of the Indian Penal Code, 1860 in short the IPC .
11 of 2008 before the Additional Sessions Judge, Muzaffarnagar, U.P. under Section 52 of the Act.
The appellant was provided a School Leaving Certificate dated 11.07.2007 from Nehru Preparatory School, Khurd, Muzaffarnagar.
She was cross examined at length.
The Additional Sessions Judge, Muzaffarnagar recorded the statement of Guljar Hussain, Principal of Nehru Preparatory School, Dadheru, Khurd O Kalan, Muzaffarnagar on 07.08.2008.
This appeal is directed against the final judgment and order dated 10.12.2010 passed by the High Court of Judicature at Allahabad in Criminal Revision No.
A perusal of the above said certificate makes reference to appellants Roll No.,
Sathasivam, J. Leave granted.
716 of 2009 before the High Court.
The Board, vide judgment and order dated 24.01.2008, declared the appellant juvenile under the Act.
It is dated 21.05.2004.
On 12.06.2007, the mother of the appellant submitted an application before the Board at Muzaffarnagar stating that the appellant was a minor at the time of alleged occurrence.
On 16.10.2007, the statement of clerk of Nehru Preparatory School was recorded by the Board.
Heard Mr. Dinesh Kumar Garg, learned companynsel for the appellant and Mr. R.K. Gupta, learned companynsel for the State.
The FIR was lodged on 04.06.2007 which culminated into Crime Case No.
Against the judgment of the Board, the companyplainant Smt.
Hence this appeal by way of special leave.
Vide judgment dated 13.01.2009, the Additional Sessions Judge allowed the appeal and set aside the order dated 24.01.2008 passed by the Board.
The mother of the appellant made a statement dated 26.07.2007 regarding the age of her son.
