Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted under Section 411, I. P. C. and sentenced to six months rigorous imprisonment and a fine of Rs. 500, in default two months rigorous imprisonment. We have gone through the judgment of the Sessions Judge and also of the trial Magistrate and we agree with the High Court that there was no prima facie case for admitting the appeal before the High Court. The appeal is clearly concluded by findings of fact. Mr. Soni tried best to argue that there was no evidence to prove the identity of the articles stolen nor was there any relevant evidence to show that the recovery statement made by the accused under Section 27 could be relied upon. These are essentially questions of fact and two courts of fact have clearly and the High Court impliedly upheld this finding of fact and have found that the prosecution has proved the identity of the property and that the confession made under Section 27 was true and voluntary.

2. It was then submitted that the appellant was below the age of 21 years at the time when the offence is alleged to have been committed, therefore, he should be given the benefit of Section 360,