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Hukumdas and ors. Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 493 of 1981
Judge
Reported in(1982)3SCC479b
AppellantHukumdas and ors.
RespondentState of Madhya Pradesh
DispositionAppeal Disposed
Excerpt:
- [ a.n.sen and; v.d. tulzapurkar, jj.] -- children act, 1960 (60 of 1960) — age of accused at the time of occurrence discovered to be below 16 years -- we accordingly set aside his conviction and sentence and direct him to appear before learned sessions judge, bilaspur and the learned sessions judge will dispose of the case in accordance with the provisions of the madhya pradesh bal adhiniyam, 1970.v.d. tulzapurkar, j.1. special leave to appeal granted.2. the counsel for the state of madhya pradesh has fairly conceded that it would be right to conclude from the materials on record and also on fresh material which he has received that age of nand kumar, petitioner 7 (accused 7) was below 16 years at the date of occurrence. in this view of the matter his conviction as well as the sentence passed upon him will have to be set aside. we accordingly set aside his conviction and sentence and direct him to appear before learned sessions judge, bilaspur and the learned sessions judge will dispose of the case in accordance with the provisions of the madhya pradesh bal adhiniyam, 1970. he should be produced before the court from the borstal school where he has been kept for the present.3. the.....
Judgment:

V.D. TULZAPURKAR, J.

1. Special leave to appeal granted.

2. The counsel for the State of Madhya Pradesh has fairly conceded that it would be right to conclude from the materials on record and also on fresh material which he has received that age of Nand Kumar, Petitioner 7 (Accused 7) was below 16 years at the date of occurrence. In this view of the matter his conviction as well as the sentence passed upon him will have to be set aside. We accordingly set aside his conviction and sentence and direct him to appear before learned Sessions Judge, Bilaspur and the learned Sessions Judge will dispose of the case in accordance with the provisions of the Madhya Pradesh Bal Adhiniyam, 1970. He should be produced before the Court from the Borstal School where he has been kept for the present.

3. The appeal is disposed of accordingly.


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