AIR 1977 SUPREME COURT 2236 ::1977 Cri App R (SC) 320 ::(1977) 4 SCC 44 ::1977 SCC(Cri) 538 ::1978 PatLJR 1 ::1978 (1) SCR 301 ::1978 (1) SCWR 217 ::1977 SC Cri R 346

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): V. R. Krishna Iyer, P. K. Goswami , JJ

Penal Code (45 of 1860) , S.83— Penal Code (45 of 1860), S.83 A child under 14 years is presumped not to have reached the age of discretion and to be doli incapax; but this presumption may be rebutted by strong and pregnant evidence of a mischievous discretion, for the capacity to commit crime, do evil and contract guilt, is not so much measured by years and days as by the strength of the delinquent's understanding and judgment.(Para 7) When a teenager, tensed by his elders or provoked by an earlier attack on his father avenges with dangerous sticks or swords, copying his brothers, Court cannot altogether ignore his impaired understanding, his @page-SC2237 tender age and blinding environs and motivations causatory of his crime.(Para 6) Held that since no evidence as to whether he was under twelve, as conditioned by S. 83, I.P.C. was adduced and no attention to feeble understanding or youthful frolic was addressed the prima facie inference of intent to endanger the life of the deceased with a sharp weapon stood unrebutted, and the conviction under Section 326, I. P. C. sustained and the four term awarded by the High Court confirmed. Need to explore, experiment and organise reformative exercises in order to eliminate recidivism and induce rehabilitation in the young o....