KRISHAN ALIAS PANDIT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) - Leave granted.

(2.) On the material now placed, it has been satisfactorily proved that the accused Sri Krishan alias Pandit, on the date of commission of the offence was nearing about 14 years. Without proper determination of his age both the Courts have convicted him under S.302 and sentenced to life imprisonment.

(3.) The question is whether the sentence could be sustained . The sentence, in our opinion, cannot be sustained in view of the mandatory provisions of Ss. 27 and 33 of U.P. Children Act, 1952 (Act No. 1 of 1952). S. 27 reads: