BHOOP RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The only question for consideration in this appeal by special leave is whether the appellant who was convicted along with 5 others by the VI Additional District and Sessions Judge, Bareilly under S. 148 IPC and Ss. 302, 323 and 324 all read with S. 149 IPC and sentenced to imprisonment for life besides concurrent sentence for lesser terms of imprisonment should have been treated as a "child" within the meaning of S. 2(4) of the U. P. Children Act, 1951 (U. P. Act 1 of 1952) and sent to an approved school for detention therein till he attains the age of 18 years instead of being sentenced to undergo imprisonment in jail.

(3.) In support of his contention that he was less than 16 years of age on 3-10-1075, that being the date of the commission of the offences for which the appellant has been convicted along with others, the appellant relies upon a school certificate (Annexure B) wherein his date of birth is shown as 24-7-1960. The learned Sessions Judge without going into the question whether the appellant was below 16 years of age on the date of the commission of the offences, adverted only to the fact that the appellant was below 18 years of age at the relevant time and proceeded to follow the ratio in Bachchey Lal v. State of U. P; (1976) SCC 599 and awarded the lesser sentence of imprisonment for life instead of the extreme penalty of death sentence.