SUDESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) I have had the benefit of going through the judgment prepared by my learned Brother. I am in agreement with him that the appeal deserves to be dismissed. I, however, decide the appeal on the second ground that on the facts and in the circumstances of the case, the appellant has failed to make out a ground that he was less than 21 years of age at the time of commission of offence.

(2.) As observed by my learned Brother, the accused had not claimed benefit of Section 6 of the Probation of Offenders Act, 1958 either before the trial Court or before the High Court. My learned Brother has also referred to Yaduraj Singh & Ors. v. State of U.P., (1976) 4 SCC 310 wherein this Court did not allow a new plea as to age of the accused to be raised for the first time in this Court.

(3.) In Sushil Kumar Mehrotra v. State of Uttar Pradesh, (1984) 3 SCC 123, a similar plea was raised for the first time by the appellant- accused in this Court against his conviction for an offence punishable under Section 302 read with Section 34 and Section 394 of the Indian Penal Code (IPC). It was held that the contention of the accused that he was 15= years of age at the time of occurrence was "a complete after thought" and refused to grant the benefit on that basis.