27. At this stage, we need to mention that the date of the incident is 17.02.2021. On behalf of respondent No. 2, certificate from the DPS Higher Secondary School, Parvesh Vihar, Meerut was filed. Date of admission was mentioned as 04.04.2016. Date of birth of respondent No. 2 was mentioned as 08.09.2003. Respondent No. 2 had passed the high school examination in the year 2018 from the said DPS Higher Secondary School, Parvesh Vihar, Meerut. Thereafter, he was studying in CRK Inter College, Meerut. Therefore, on the date of the incident, respondent No. 2 was below 18 years of age. In the register of DPS Higher Secondary School and marksheet of high school examination, the date of birth of respondent No. 2 was mentioned as 08.09.2003. JJB in an earlier proceeding relating to respondent No. 2 i.e. Miscellaneous Case No. 9/2000 in respect of Crime Case No. 11/2000 under Section 307 IPC, Police Station Medical College, Meerut had accepted the date of birth of respondent No. 2 as 08.09.2003. It is seen that in the present proceeding JJB examined mother of respondent No. 2 who had filed the application to declare her son, respondent No. 2, as juvenile. JJB observed that she did not remember in which school respondent No. 2 had studied from Class 1 to Class 7 before taking admission in DPS Higher Secondary School in Class 8. In her statement, Principal of DPS Higher Secondary School, Smt. Manju Mala Sharma stated that she was working in the same school since the year 1996 and asserted that respondent No. 2 had obtained his education from her school from Class 4 to High School but original record of Class 4 to Class 8 were not available as those were destroyed due to fire.
