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2008 (1) TMI 913 - SUPREME COURTInterpretation of Statutes - Date for consideration of the age of the accused applying section 6 of the Probation of Offenders Act, 1958 - Restriction on imprisonment of offenders under twenty-one years of age - imposition of punishment less than the minimum sentence prescribed by the statute - C. K. Thakker, J. - HELD THAT:- In the present case, a certificate in the form of Scholar Record & Transfer Certificate is annexed wherein the date of birth of the appellant was shown as June 28, 1962. The certificate was not on record either before the trial Court or before the High Court. From the True Copy, it is clear that it is purported to have been issued by the Principal only on February 10, 2007. Thus, it cannot be said that there is credible evidence or trustworthy material that the appellant was less than 21 years of age at the time of commission of offence. In my considered opinion, such question cannot be permitted to be raised for the first time in this Court and I am in agreement with my learned Brother on that point. Since the appeal can be decided on this ground, I refrain from expressing any opinion on the question dealt with and decided by my learned Brother on interpretation of Section 6 of the Act. The appeal is accordingly dismissed. P. P. Naolekar, J. - The decision interpreting various provisions of one statute will not have the binding force while interpreting the provisions of another statute. Section 6 of the Act has been construed by a 4-Judge Bench of this Court in Ramji Missar case [1962 (12) TMI 70 - SUPREME COURT] and that will have the binding force while interpreting the same Section in same statute and the decision of the Constitution Bench interpreting provisions of the 1986 Act and the 2000 Act would not be held to be a decision on interpretation of Section 6 of the Act. Section 6 of the Act would apply to the accused who is under 21 years of age on the date of imposition of punishment by the trial court and not on the date of commission of the offence. If on the date of the order of conviction and sentence by the trial court the accused is below 21 years of age the provisions of Section 6 of the Act applies in full force. That being the case, even if the date of birth of the accused is held to be 28.6.1962 as alleged by him in the petition, on the date of delivery of judgment of conviction and sentence on 26.7.1985 by the Additional District & Sessions Judge he was more than 21 years of age and thus was not entitled to the benefit under Section 6 of the Act. The accused has not claimed benefit under Section 6 of the Act during the trial before the Additional District & Sessions Judge or before the High Court. Only material which was placed before the Sessions Judge or the High Court is the statement recorded of the accused appellant under Section 313 Cr.P.C. wherein the age of the accused was given as 20 years. Hence, the appeal being devoid of any merit, is dismissed.
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