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2020 Supreme(All) 588

VIRENDRA KUMAR SRIVASTAVA
Nazeer – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : Anjali Dubey, Rajiv Mishra, Rehan Ahamad Siddiqui, Soniya Mishra.
For the Respondent: G.A.

JUDGMENT :

Virendra Kumar Srivastava, J.

1. This Criminal Appeal, under Section 383 of the Code of Criminal Procedure 1973 (hereinafter referred to as ‘Code’), has been filed by the accused-appellant Nazeer (hereinafter referred to as ‘appellant’) through Jail Superintendent, Kheri, against the judgment and order dated 07.09.2017, passed by the Additional District and Sessions Judge, Court No.2, Lakhimpur-Kheri, in Criminal Case (Special Session Trial) No.04 of 2015 (State of U.P. vs. Nazeer), arising out of Case Crime No.993 of 2014 under Sections 363, 366, 376 IPC, Section 3 (2) (5) Prevention of SC/ST of Atrocities Act, 1989 (hereinafter referred to as 'SC/ST Act) and Section 3/4 Prevention of Children From Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO Act'), Police Station Nighasan, District Lakhimpur-Kheri, whereby the appellant has been convicted and sentenced for seven years rigorous imprisonment and fine of Rs.7000/-for offence under Section 363 IPC, for offence under section 366 IPC for ten years rigorous imprisonment with fine of Rs.10,000/- and for offence under Section 376 IPC read with 3/4 POCSO Act ten years rigorous imprisonment with fine of Rs.15,000/-wi

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