- (1.) This is a revision against the judgment and order dated 28-9-1983 passed by Sri R. C. Verma, the then Sessions Judge, Mainpuri in Criminal Appeal No. 188 of 1983 under Section 376, I.P.C. whereby, he dismissed the appeal preferred against the judgment and order dated 19-8-1983 passed by Sri V. B. Singh, the then Assistant Sessions Judge, Mainpuri in S. T. No. 211 of 1983 convicting the accused-revisionist for the offence under Section 376, I.P.C. and sentencing him to undergo R.I. for a period of 3 years for having committed rape upon Km. Kusma Devi, aged about 10 years on 21-2-1983 in the field.
(2.) Heard learned counsel for the accused-revisionist and the learned A.G.A.
(3.) In this case, the learned counsel for the accused-revisionist has not challenged the conviction of the accused-revisionist for the offence under Section 376, I.P.C. He has only made his submissions on the point of sentence. His claim is that the accused-revisionist was a child within the meaning of the term under the U. P. Children Act; 1952 on the date of occurrence and that consequently in view of Section 27 of the U. P. Children Act, he cannot be sentenced to imprisonment for any term. U. P. Children Act, 1951 (U. P. Act No. 1 of 1952) was made applicable to the local area of Mainpuri District to which this case relates by notification No. 5078/XXVI-SW-32(P)-67, dated 29/09/1970. He has pointed out that under Section 29 of the U. P. Children Act, the Court may send the child found to have committed an offence punishable with imprisonment, to an approved school for such period of stay at will not exceed beyond the time when the child will attain the age of 18 years or for a shorter period. He has placed reliance in support of his contentions on the authority Chhotey v. State, 1998 JIC 527 (All).;