RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Jain, J. On 17. 10. 75 at 9 P. M. Raj Kumar and Ramesh accused brandished knife and a country made pistol had snatched golden chain from the neck of Shashi Mehrotra who along with her husband Bhagwati Mehrotra was coming on a rickshaw from Railway Station and going to their house in Azad Nagar, Kanpur. On the victims having raised and alarm the accused tried to escape but were apprehended by the Public and the looted chain was recovered from them. They were tried under Section 392 I. P. C. and Section 25 of the Arms Act. The learned Metropolitan Magistrate Kanpur vide his judg ment dated 28. 4. 82 found them guilty and sentenced each one of them to undergo three years R. I. under Section 392 I. P. C. and a fine of Rs. 500/- and in default of payment of fine to further undergo R. I. for three months. However, they were not found guilty under Section 25 of the Arms Act.

(2.) FEELING aggrieved the two convicts preferred criminal appeal No. 95/m of 1982 which was dismissed by learned VI Additional Sessions Judge, Kanpur.

(3.) LEARNED counsel for the applicants has not challenged the judgment on merits but has argued that it is evident from the record that on the date on the commission of the crime the two appellants fell within the definition of the term 'child' as defined in the U. P. Children Act, 1952 and therefore they could not be awarded any sentence. Question doing rounds right how is as to whether on the record it is proved that the age of the two appellants on the date of the commission of the crime, i. e. on 17. 10. 75 was under 16 years.