1972 JTR(SC) 231
1973 AIR(SC) 906 ; 1973 CrLJ 384 ; 1973 KHC 830
SUPREME COURT OF INDIA
A.N. GROVER AND G.K. MITTER, JJ.
Darshan Kumar, Appellant
Versus
Secretary, Municipal Corporation, Jabalpur and another, Respondents.
Criminal Appeal No. 80 of 1972, D/- 14-4-1972.
Offenders below 21 years of age at the time of the commission of an offence are eligible for the benefit of an order under Section 6 of the Probation of Offenders Act, 1958, provided their age is established by evidence.
Act
Referred
:PROBATION OF OFFENDERS ACT
: S.6
(A) Probation of Offenders Act, 1958 - Section 6 - Age of offender - Birth certificate produced showing appellant was below 21 years of age at the time of commission of offence - Order of the appellate court set aside - Direction to make an order under Section 6 of the Act.
Facts of the case:
The appellant's birth certificate established that he was under 21 years of age when the offence was committed.
Findings of Court:
The court found that in view of the age of the appellant and existing precedent, the case warrants an order under the Probation of Offenders Act.
Issues: Whether the appellant, being below 21 years of age at the time of the offence, is eligible for the benefits of Section 6 of the Probation of Offenders Act, 1958.
Ratio Decidendi: Where a birth certificate proves the offender was below 21 years of age at the time of the offence, the court should exercise its power to pass an order under Section 6 of the Probation of Offenders Act, 1958.
Result: Appeal allowed.
Facts of the case:
The appellant's birth certificate established that he was under 21 years of age when the offence was committed.
Findings of Court:
The court found that in view of the age of the appellant and existing precedent, the case warrants an order under the Probation of Offenders Act.
Issues: Whether the appellant, being below 21 years of age at the time of the offence, is eligible for the benefits of Section 6 of the Probation of Offenders Act, 1958.
Ratio Decidendi: Where a birth certificate proves the offender was below 21 years of age at the time of the offence, the court should exercise its power to pass an order under Section 6 of the Probation of Offenders Act, 1958.
Result: Appeal allowed.
Age - The court relied on this precedent to set aside the High Court's order because the appellant was under 21 years of age at the time of the offence.
Judgment
JUDGMENT :- After hearing counsel for the parties the following order must be made in this case in view of the decision of this Court in 1964 (7) SCR 676 when the birth certificate produced shows that the appellant was below 21 years of age at the time of the commission of the offence :-
"The order of the High Court is set aside and the High Court is directed to make an order under Section 6 of the Probation of Offenders Act, 1958 and if it so desires remand the case to the Sessions Court or the trial Court for doing so. The appeal shall stand allowed accordingly. The appellant who was released on bail by this Court can apply to the High Court now for being released on bail."
Ordered accordingly.
For Citation : AIR 1973 SC 906