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.