- (1.) S. K. Agarwal, J. Heard learned counsel for the applicant and learned A. G. A.
(2.) ALTHOUGH after the examination of the two judgments, I do not find any merit in this applicant but learned counsel for the applicant has contended that the of fence in this case was committed as far back as on 29-12-1982. An affidavit was also filed by learned counsel for the ap plicant at the time of admission of this revision and in paragraph 2 of that af fidavit it has been slated that the applicant was born in 1967. In paragraph 3 it has been stated that he is a minor although no date of birth has been disclosed in the affidavit. Still there is a clear averment in paragraph 3 that the applicant was a minor. No counter-affidavit has been filed by the State to this affidavit filed by the elder brother of the applicant. He was aged about 21 years when he has filed this affidavit. When he filed this affidavit in the year 1987, even from this if the age given is taken as correct this deponent of the af fidavit himself must have bee of about 16 years when this incident had tal en place. It is borne out conclusively that the applicant at that time was a minor. It is also apparent from the facts and circumstances of the case that the prosecution has not brought about any evidence of the fact of owner ship of the shop. Taking all these facts into consideration I am of the opinion that the applicant is entitled to the benefit of provision of Section 433 (1) (D ). It is directed that he shall pay a fine of Rs. 5,000/- in addition to the fine im posed by the Court below. In all he has to deposit a fine of Rs. 6,000/ -. After depositing the fine he is en titled to make an application to the Government of Uttar Pradesh of remis sion of his sentences as discussed in this judgment. State Government is directed to decide his application in accordance with the observations made by this Court in the present order. Certified copy of which shall be submitted by the applicant alongwith his application to the Govern ment for consideration of his application. The fine shall be deposited within two months before the appropriate Court. The receipt shall be issued to the applicant regarding this deposit of fine. The receipt shall also accompany the application. Till the application is finally decided, if moved by the applicant, by the Government he shall not be taken into custody.
(3.) WITH these directions this revision is finally disposed of. Revision disposed of. .;