Supreme Court of India · 2008-01-29
Sudesh Kumar vs State Of Uttarakhand
- Citation / case number
- AIR 2008 SUPREME COURT 1120
- Court
- Supreme Court of India
- Petitioner
- Sudesh Kumar
- Respondent
- State Of Uttarakhand
- Author
- C.K. Thakker
- Bench
- C.K. Thakker, P.P. Naolekar
Judgment text excerpt
The Supreme Court dismissed the appeal of the appellant convicted under Section 392 read with Section 34 IPC and Section 25 of the Arms Act, affirming the lower courts' decisions. The Court held that the appellant failed to provide credible evidence to support his claim of being under 21 years of age at the time of the offence, as required under Section 6 of the Probation of Offenders Act, 1958. The Court reiterated that new pleas regarding age cannot be raised for the first time in the Supreme Court, referencing prior cases such as Yaduraj Singh & Ors. v. State of U.P. and Sushil Kumar Mehrotra v. State of Uttar Pradesh.