Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Children Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Uttar Pradesh Children Act, 1951 (1 of 1952) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Children Act, 1952; ss, 2(4) & 29-College student took part in triple murder-Documents filed in proof of age held of doubtful authenticity-Appellant not child within the meaning of the provision. Constitution of India, Article 136: Powers of the Court to take notice of an impropriety. Code of Criminal Procedure, 1973: s. 374--Appeal-Wild and unfounded allegations against Judges of High Court-Tendency-Strongly deprecated. The appellant-a student of intermediate class, was alleged to have led the attack on the rival faction alongwith his accomplices armed with deadly weapons like gun, pistol, sword, kanta, lathi etc. resulting in triple murder. He was also alleged to have opened fire with his gun at the deceased.The trial court disbelieved his plea of alibi, that on the date of occurrence he was actually attending bis classes in college, in support of which he tendered in evidence the attendance register and also examined DW 1, the lecturer in college, and he was convicted under s. 302 read with s. 149 of the Indian Penal Code, 1860. The High Court in appeal affirmed the conviction. Agreeing with the trial court it reached the conclusion that the entries in the college attendance register were forged and passed strictures against the witness. In the appeal before this Court by special leave the appellant came forward with the belated plea that he was a child below the age of 16 years within the meaning of s. 2(4) of the.U.P. Children Act, 1952 and therefore, the trial was vitiated by reason of s. 29 of the Act. It was contended that in spite of repeated requests or his counsel he was not heard by the High Court Judges on the point. While making this frivolous assertion the accused also made wild allegations in an attempt to destroy the credibility of the Judges and create doubt about the correctness of the judgment appealed from. To substantiate the allegation he and his legal advisors brought into existence certain correspondence. In support of his age he filed affidavits of his father and the advocate. In addition, he also placed on record copies of extract of the kutumo register of the Gaon Sabha, certificate of High School examination, entry from the electoral roll, and endorsement in ink below his statement recorded unders s. 313 of the Code of Criminal Procedure, 1973. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1987 INSC 116 |
Petitioner | Vinod Kumar |
Respondent | State Of U.p. |
SCR | [1987] 2 S.C.R. 1053 |
Judgement Date | 1987-04-21 |
Case Number | 287 |
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