Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2008

Supreme Court of India · 2008-01-29

SUDESH KUMAR vs STATE OF UTTARKHAND

Citation / case number
SC 2007/21757
Court
Supreme Court of India
Petitioner
SUDESH KUMAR
Respondent
STATE OF UTTARKHAND
Author
P.P. NAOLEKAR C.K. THAKKER
Bench
P.P. NAOLEKAR C.K. THAKKER

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 prove he was under 21 years of age at the time of the offence, as he did not raise this plea in earlier proceedings, citing Yaduraj Singh & Ors. v. State of U.P. and Sushil Kumar Mehrotra v. State of Uttar Pradesh. The Court emphasized the necessity of credible evidence for age claims, which was lacking in this case.

SUDESH KUMAR vs STATE OF UTTARKHAND · Niyam