VINOD KUMAR versus STATE OF U.P.

Citation: [1987] 2 S.C.R. 1053 · Decided: 21-04-1987 · Supreme Court of India · Bench: A.P. SEN · Disposal: Dismissed

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Judgment (excerpt)

I 
YINOD KUMAR 
v. 
STATE OF U.P. 
APRIL 21, 1987 
[A.P. SEN. AND B.C. RAY, JJ.) 
' 
. 
U.P. Children Act, 1952; ss, 2(4) & 29-College student took part 
.,-· in triple murder~Documents filed in proof of age held of doubtful 
authenticity-Appellant not child within the meaning of the provision. 
Constitution of India, Article 136: Powers of the Court to take 
' notice of an impropriety. 
-
~ 
Code of Criminal Procedure, 1973: s. 374--Appeal-Wild and 
unfounded allegations against Judges of High Court-Tendency-
Strongly deprecated. 
· The· appellant-a student of intermediate class, was alleged to 
have led the attack on the rival faction alongwith his accomplices armed 
with deadly weapons like gun, pistol, sword, kanta, lathi etc. resulting 
in triple murder. He was 'also alleged to have opened fire with bis gun at 
the deceased. 
• · · 
The trial court disbelieved his plea of alibi, that ou the date of 
occurrence he was actually attending bis classes in college, in support of 
which he tendered in evidence the attendance register and also exa· 
mined D\V 1, the lecturer in college, and he was convicted under s. 302 
read withs. 149 of the Indian Penal Code, 1860. 
t ·,,_ The High ~~urt in appeal affirmed the conviction. Agreeing with 
' the triarcourt it reached the conclusion that the entries in the college 
~ attendance register were forged and passed strictures against· the 
witness. 
· 
In the appeal before this Court by special leave the appellant came 
forward with the belated plea that he was a child below the age of 16 
years within the meaning of s. 2(4) of the.U.P. Children Act, 1952 and 
j there!ore, the trial was vitiated by reason of s. 29 of the Act. It was 
contended that in spite of repeated requests ·or his counsel he was not 
heard by the High Court Judges ou the point. While making this frivol· 
ons assertion the accused also made wild allegations in an attempt to 
1053 
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D 
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1054 
SUPREME COURT REPORTS 
[1987] 2 S.C.R. 
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destroy the credibility of the Judges and creat~ doubt about the correct-
~-
ness of the judgment appealed from. To substantiate tbe allegation he 
and his legal advisors brought into existence certain correspondence. In 
support of his age he filed affidavits of his father and the advocate. In 
addition, he also placed on record copies of extract of the kutumo 
register of the Gaon Sabha, certificate of High School examination, 
B 
entry from the electoral roll, and endorsement in ink below his state-
ment recorded unders s. 313 of the Code of Criminal Procedure, 1973. 
).__ 
Dismissing the appeal, the Court 
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HELD: 1. 1 The appellant wa• not a child within the meaning of s. 2(4) 
c of the U.P. Children Act, 1952 at the time of occurrence and, therefore, 
was not entitled to the benefit of section 29 of the Act. [1062F; 1055G-H] 
,l 
1.2 The affidavits and the copies of documents placed on record, 
after the grant of the special Ieave--<oxtract of the kutumo register of 
the Gaon Sabha, certificate of High School Examination and entry from 
D 
the electoral roll, in support of appellant's age are all of doubtful aut-
henticity 'ilnd it would be unsafe to rely upon them. Such documents can 
always be brought into existence. So is the endorsement in ink below the 
statement of the appellant recorded by the trial court under s. 313 of the 
Code of Criminal Procedure 1973, to the effect that "the age of 17 years t 
appears to be correct". Even assuming that.the endorsement was made 
E 
by the trial court, that was only an estimate of age and does not neces-
--
sadly show that the apppellant was a child within the meaning of s. 2(4) 
of the Act at the time of occurrence. I J062F; 1063C] 
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1.3 The attempt made by the appellant and his legal advisors 
earlier to substantiate the false plea of alibi by production of forged 
.It'· 
F attendance register, and the tendering of evidence of DW 1, against 
whom the High Court has passed strictures for suborning himself in an 
attempt to thwart the course of justice, makes it evident that the appel-
i.mt and his legal advisors would go to any extent in creating evidence to 
snpportthe false plea now taken. [1063CD] 
G 
The facts brought out in the prosecution case clearly show that the 
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incident which led to the triple murder was calculated, preplanned and 
rutltlessly executed, and that the appellant not only led the assault hut 
also played a prominent role in it. It is incredible that he was a chi

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