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2020 Supreme(All) 548

SUNITA AGARWAL, DINESH PATHAK
Zulfiqar @ Zillu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajeev Sisodia, Manoj Tripathi, Pawan Singh Pundir, Shashank Kumar, Vinod Tripathi, Vishnu Kumar

JUDGMENT :

Dinesh Pathak, J.

1. Heard Sri Pawan Singh Pundir, learned counsel for the appellant and Sri L. D. Rajbhar, Advocate assisted by Sri Prem Shanker Mishra, learned Additional Government Advocate for the State-respondent.

2. The instant criminal appeal has been preferred by appellant Zulfiqar alias Zillu against the judgment and order dated 03.11.2012 passed by the Additional Sessions Judge (Court No.2), Bijnor in Sessions Trial No.655 of 2011 (Zulfiqar @ Zillu vs. State of U.P.), convicting him under Sections 376 (2) G and 506 IPC. He has been sentenced under Section 376(2) G IPC to undergo life imprisonment along with fine to the tune of Rs.10,000/-and in default thereof, he shall undergo additional imprisonment for six month. He was also sentenced under Section 506 IPC to undergo 5 years rigorous imprisonment (in short 'R.I.') with fine amounting Rs.500/-and in default thereof, he shall undergo additional imprisonment for two months.

3. The allegations in the First Information Report (hereinafter referred to as 'FIR') are that the prosecutrix, (PW-2) had been continuously subjected to sexual assault under threat to her life and coercion for the last one month on blackmailing

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