OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellant against the judgment dated 20-4-1998 and order of sentence dated 23-4-1998 passed by the learned Additional Sessions Judge No. 2, Bikaner in Sessions Case No. 68/97 (new) and 104/97 (old) by which he convicted the accused appellant in the following manner :-

(2.) The facts giving rise to this appeal, in short, are as follows :-

(3.) During the course of arguments in this appeal, the learned counsel for the accused appellant has not assailed the findings of conviction recorded by the learned Additional Sessions Judge No. 2, Bikaner through his judgment dated 20-4-1998, but it has been argued on behalf of the accused appellant that on the date of occurrence, accused appellant was below the age of 16 years and thus, it was the duty of the Courts below to determine the age of the accused appellant before putting him for trial and since it has not been done, therefore, he should be released at once after recording the findings of conviction. In this respect, the learned counsel for the accused appellant has relied on the following three authorities of the Hon'ble Supreme Court :-