Indian Penal Code ( 45 of 1860), Section 392 read with Section 34 - Probation of Offenders Act (20 of 1958), Sections 3,4, and 6 - Robbery case - Convicted by trial Court - Appeal filed - High Court has confirmed conviction - Order challenged - Before Supreme Court only one point was urged that the accused at the time of commission of the crime was below twenty one years, as such he claimed benefit of Section 6 of Probation of Offenders Act (20 of 1958) - Accused who is below twenty one years of age found guilty of having committed an offence punishable with imprisonment which is not the imprisonment for life shall not be sentenced to undergo imprisonment unless the Court is satisfied that having regard to the nature of the offence and the character of the offender, it is not desirable to deal with under Section 3 or 4 of Probation of Offenders Act (20 of 1958) - Provision further mandates that the Court can impose sentence of imprisonment who is below twenty one years of age after recording reasons
for doing so - Crucial date on which the age had to be determined being not the date of offence, but the date of which finding of guilty had to be passed - Decision of Constitutional Bench in Pratab Singh V. State of Jharkhand case AIR 2005 SC 2731 relating to reckoning date for determining the age of juvenile under the Juvenile Justice (Care and Protection of Children) Act (56 of 2000) would not be held to be a decision on interpretation of Section 6 of Probation of Offenders Act (20 of 1958). Decisions interpreting various provisions of one statute will not have the binding force while interpreting the provisions of another statute - Held, true copy of the transfer certificate purported to have been issued by the Principal cannot be said that it is credible evidence, particularly it was not produced before the Courts below - Accused is not entitled to claim the benefit under Section 6 of Probation of Offenders Act (20 of 1958), since he was more than twenty one years on the date of judgment of conviction. Further the benefit of Probation of Offenders Act (20 of 1958) has not been raised before the trial Court and the High Court - Conviction confirmed - Appeal dismissed.
