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2013 Supreme(All) 2189

ANIL KUMAR SHARMA
Mohammad Ali Al Gitar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
G.S.Chaturvedi and Samit Gopal for the Appellant; Km. Anjum Haq and A.G.A. for the Opposite Party.

Anil Kumar Sharma, J.:

Both these appeals emanate from the common judgment dated 19.3.2013 passed by Addl. Sessions Judge, Court no.-1, Maharajganj in S.T. no. 90 of 2012 arising out of crime no. 459/12 P. S. Sonoli District Maharaj Ganj whereby each appellant had been convicted u/s 370 IPC and section 5 of The Immoral Traffic ( Prevention) Act, 1956 and sentenced to undergo seven years' R.I. under each section with fine of Rs. 10,000/- and Rs. 2,000/- respectively with default stipulation. However, both the accused-appellants have been acquitted for the offence punishable u/s 371 IPC.

2. Succinctly stated the facts of the case, as borne out from the FIR and the evidence adduced by the prosecution during trial, are that on 12.6.2012 at 3.30 p.m. Km. Budhi Maya Sunar daughter of Bal Bahadur Sunar resident of Sunval, Gram Vikas Samiti Ward no. 8, Navalparasi, Nepal submitted a written report at P. S. Sonoli stating that few days ago a Nepali woman came at her house and advised her to take up job in Saudi Arabia for higher income and she would not have to incur any travelling expenses. On her assurance she gave her photo etc. On 11.6.2012 Nayyar Kamal s/o Mohd. Ayyub r/o village Kayar,





































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