RAJAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard counsel for both sides.

(3.) Mr. Srinivasan, the learned Advocate for the appellant, was, therefore, right in pointing out that if the correct date of birth was 22nd October, 1965 as alleged by Shiv Prakash Sharma it follows that on 12th of January, 1972 he could hardly have crossed the age of 6 years and it is impossible to believe that at that age he would be admitted to the Sixth Standard. That is a glaring fact which has escaped the attention of the High Court. It is, therefore, difficult to come to the conclusion that the correct date of birth of Shiv Prakash Sharma was 22nd October, 1965 as claimed by him. He cannot, therefore, be held to be below 16 years of age at the date of the commission of the crime. In that view of the matter, we cannot allow the judgment of the High Court to stand.