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2018 Supreme(All) 1568

SUDHIR AGARWAL, OM PRAKASH VII
Vijay – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Pradeep Kumar Mishra (A.C.)

JUDGMENT :

OM PRAKASH-VII, J.

1. This jail appeal has been preferred by accused appellant Vijay against judgment and order dated 25/26.9.2014 passed by Additional District & Sessions Judge, Court No.3, Bulandshahr in Session Trial Nos. 889 of 2008 and 106 of 2009 at crime no. 74 of 2008 convicting and sentencing appellant for the offence punishable under Sections 376 (2)(cha) and 304 IPC for imprisonment of life and a fine of Rs. 50,000/- for the offence under Section 376(2)(cha) IPC and also for the offence under Section 304 IPC for 10 years rigorous imprisonment and a fine of Rs. 20,000/-. In default of payment of fine, appellant was also directed to undergo additional imprisonment of two years and one year respectively. All sentences were directed to run concurrently.

2. Facts of case, in nutshell, as unfolded by informant Bablu son of Harvansh Jatav, in First Information Report (in short 'F.I.R.'), are that on 26.4.2008 at about 2-2.30 p.m. appellant was playing with the daughter of informant aged about 2 ½ years' in his lap and when he began to proceed along with victim - deceased, informant's wife asked him as to where he was going with daughter, on this appellant told that he w














































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