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2020 Supreme(All) 378

PRADEEP KUMAR SRIVASTAVA
Kuldeep – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : S. K. Verma, Devendra Kumar Mishra, Dheeraj Kumar Dwivedi, Sharad Kumar Srivastava, Virendra Kumar Yadav

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Sri Sharad Kumar Srivastava, learned counsel for the appellant, learned AGA for the state and perused the record.

2. This criminal appeal has been filed against the impugned judgment dated 23.11.2013, passed by Additional Sessions Judge, court No. 9, Fatehpur, in Sessions Trial No. 15 of 2011, arising out of Case Crime No. 204 of 2010, under Section 376, 308 IPC, Police Station Bindki, District Fatehpur by which the accused-appellant Kuldeep has been convicted and sentenced for ten years rigorous imprisonment and Rs. 50,000/-fine and in default three months additional simple imprisonment for the offence under Section 376 IPC and five years rigorous imprisonment along with fine of Rs. 5000/-and in default fifteen days additional simple imprisonment for the offence under Section 308 IPC. It has further been directed that all the sentences shall run concurrently.

3. The brief facts of this case is that the informant is the resident of Mohalla Mahajani Gali Lahauri Town Bindki, Police Station Bindki, District Fatehpur. On 14.07.2010, the accused-appellant Kuldeep committed rape with the daughter of the informant and stabbed by a knife in her

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