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2013 Supreme(All) 1095

S.C.AGARWAL
AMARJIT SINGH SHAHI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rajiv Gupta, Dileep Kumar, Manu Raj Singh and Rajrshi Gupta for the Revisionist; A.G.A., Ravi Kiran Jain, L.M. Singh, P.K. Singh and Prabhakar Awasthi for the Opposite Parties.

JUDGMENT

Hon’ble S.C. Agarwal, J.—Heard Sri Dileep Kumar, learned counsel for the revisionist, learned A.G.A. for the State as well as Sri Ravi Kiran Jain, senior advocate assisted by S/Sri L.M. Singh, Prabhakar Awasthi and P.K. Singh, learned counsel for the complainant.

2. This criminal revision under Section 397/401 Cr.P.C. is directed against order dated 8.2.2013 passed by Special Judge, S.C./S.T. Act, Kanpur Nagar in Sessions Trial No. 53 of 2012 (State v. Amarjit Singh Shahi) arising out of case crime No. 534 of 2012 under Sections 363, 366, 354, 504, 506, 328, 376 IPC and Section 3 (2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, P.S. Chakeri, District Kanpur Nagar whereby the application for discharge under Section 227 Cr.P.C. filed on behalf of the revisionist was rejected.

3. The alleged victim (name withheld) is the daughter of the complainant Capt. Mahesh Chandra Vidyarthi - opposite party No. 2. On 14.3.2012, FIR was lodged by the victim herself against one Shravan and also against her own father alleging that for the last many years, she was being raped by Shravan, who used to visit her house and her father also committed rape with h












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