2009 Supreme(All) 1915

[2009(5) ADJ 22 (DB)(NOC)]
ALLAHABAD HIGH COURT
BEFORE : SHIV CHARAN AND V.K. DIXIT, JJ.
LALLA BHAIYA .....Appellant (In Jail)
Versus
STATE OF U.P. .....Opposite Party
(Criminal Appeal No. 8544 of 2008, decided on 30th April, 2009)

Headnote:(A) (Indian) Penal Code, 1860—Sections 363, 120 and 366—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Abduction—Criminal conspiracy—Conviction—Sustainability of—As per statement of witness, victim informed telephonically that both of them had married—Appellant involved in this case only due to reason—As he is brother of main accused—Appellant was on bail during trial—Not misused bail—Appellant to be released on bail.

       (B) (Indian) Penal Code, 1860—Sections 363 and 366—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Life imprisonment—Awarding of—In term of enabling Section 3(2)(v) of Act in order to award life imprisonment—When an offence punishable under I.P.C. committed—Against a person of SC/ST community punishable for imprisonment for ten years or more—In present case substantive offence is of Sections 363 and 366, IPC—Whereas sentence awarded for 7 years—Offender would have been awarded life imprisonment—Instead of separate punishment.