Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958: s. 6 - Date of applicabilit Probation of Offenders Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Probation of Offenders Act, 1958 (20 of 1958) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Probation of Offenders Act, 1958:s. 6 - Date of applicability- Whether is date of imposition of punishment or is the date of commission of offence - Held: Per Thakkar, J: Question left open - Per Naolekar J: Held: It is date of imposition of punishment by trial court and not the date of commission of offence.s. 6 - Claim of benefit under- On the ground that on the date of commission of offence the accused was below 21 years of age - Held: By the court-- Accused not entitled to the benefit - Per Thakker, J. - In the facts of the case accused failed to prove that he was less than 21 years of age on the date of commission of offence, and such plea not permissible to be raised for the first time before Supreme Court - Per Naolekar,J. - Accused was not less than 21 years on the date of imposition of punishment - Raising of such plea for the first time before Supreme Court not permissible - Penal Code, s. 392 r/w s. 34 - Practice and Procedure.Precedent - reliance on decision passed on a provision of different statute - Held: Decision made on a provision of different statute will be of no relevance unless underlying objects of the two statutes are in pari materia. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 113 |
Petitioner | Sudesh Kumar |
Respondent | State Of Uttarakhand |
SCR | [2008] 2 S.C.R. 146 |
Judgement Date | 2008-01-29 |
Case Number | 204 |
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