Supreme Court · 2008 INSC 113 · Decided 29 January 2008
Sudesh Kumar v. State of Uttarakhand
- Court
- Supreme Court of India
- Citation
- 2008 INSC 113 · [2008] 2 S.C.R. 146
- Case number
- CRIMINAL APPEAL No. 204/2008
- Decided
- 29 January 2008
- Bench
- C.K. THAKKER, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 392, 34; CrPC Section 313; Juvenile Justice Act
Headnote
Probation of Offenders Act, 1958: + s. 6 - Date of applicability- Whether is date of imposition c 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 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
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