Wajid Ali v. State of U.P
Case at a glance
Provisions considered
Key paragraphs
- Para 33. Learned counsel for the appellant at this stage, does not wish to challenge the conviction of the appellant herein. The co-accused in the instant case, who was also minor and was convicted and sentenced for the same offence along with the appellant herein has…
- Para 44. Accordingly, the instant appeal is also dismissed in the same terms. Order Date :- 5.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) ASHISH PRASAD High Court of Judicature at Allahabad
Judgment
Heard Sri Shahnawaz Akhtar, learned counsel for the appellant and Sri Rizwan Ahmad, learned AGA for the State.
The Instant criminal appeal has been filed against the judgment and order dated 13.05.1983 passed by the Additional District and Sessions Judge, Budaun in S.T. No. 107 of 1982 (State vs. Raja Ram and another) whereby the appellant herein was convicted for the offence under Sections 376 and 376/114 IPC. Since at the time of commission of offence, the appellant herein was aged less than 16 years, therefore, in view of the provisions of U.P. Children Act, he was not sentenced to any term of imprisonment rather he was sent to Bal Sudhar Home, Izzatnagar, Bareilly where from, he was permitted to continue his studies till he attains the age of 18 years. During the pendency of the appeal, the instant appeal was admitted on 4.07.1983 and subsequently on 14.07.1983, he was released on bail by this Court. Admittedly, now the appellant is more than 18 years.
Learned counsel for the appellant at this stage, does not wish to challenge the conviction of the appellant herein. The co-accused in the instant case, who was also minor and was convicted and sentenced for the same offence along with the appellant herein has also filed Criminal Appeal No. 1211 of 1983. The said appeal was disposed of vide order dated 18.05.2022 by the Co-ordinate Bench of this Court in the following manner: "Heard Shri Chandra Bhan Kushwaha, learned counsel for the appellant, learned AGA for the State and perused the record. This criminal appeal has been filed against the judgment and order dated 13.05.1983 passed by Additional Sessions Judge, Badaun in Sessions Trial No. 107 of 1982, Police Station Kotwali, District Badaun, by which the appellant has been convicted for the offence under Section 376 IPC, however on the date of incident, he was a minor being 14 years of age and as such, no sentence was awarded to him in view of U.P. Children Act, 1951 as interpreted by Hon'ble Supreme Court in Jayendra and another Vs.
State of U.P. reported in 1982 C.A.R 60 (Supreme Court) and the appellant was directed to be kept in Reformative Home till he attains the age of 18 years. Against the aforesaid judgment and order, appellant had preferred this criminal appeal, which was admitted and the appellant was directed to be released on bail, however, his conviction was not stayed and as such, the period, for which he was sent to Reformative Home, had already expired and the present appeal has more- or-less become infructuous. Learned counsel for the appellant has made a statement at the bar that he does not want to challenge the stigma of conviction and infraction pursuant to the said conviction and seeks the instant appeal may be dismissed as the appellant had already attained the age of 18 years. Per contra, learned AGA could not dispute the aforesaid facts and has submitted that appellant has already attained the age of 18 years, for which he was sent in Reformative Home and no purpose would be served in keeping the appeal pending.
Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that appellant has already attained the age of 18 years and he does not want to challenge the stigma of conviction and infraction consequent to the said conviction, this criminal appeal is accordingly dismissed. Connected Criminal Appeal No. 1514 of 1983 (Wajid Ali Vs. State of U.P.) be de- linked from this appeal and listed separately in the next cause list. "
Accordingly, the instant appeal is also dismissed in the same terms. Order Date :- 5.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) ASHISH PRASAD High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 114, 376; U.P. Children Act; U.P. Children Act, 1951.
Which court decided this case, and when?
Allahabad High Court, on 05 Aug 2025. The bench was SESSIONS, ADDITIONAL SESSIONS.