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2021 Supreme(All) 456

AJAI TYAGI
Gore @ Sushil – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sudhakar Shukla, Diwakar Shukla, Shyam Singh Somvanshi.

JUDGMENT :

AJAI TYAGI, J.

1. This appeal is directed against the judgment and order dated 4.5.2018, passed by learned Additional Sessions Judge, Court No. 4, Fatehpur, in Special Trial No. 37 of 2013 (State of UP vs. Gore @ Sushil) arising out of Case Crime No. 347 of 2013 under Sections 376, 354, 452, 506 IPC and Section 4 Protection of Children from Sexual Offences Act, 2012 (herein after referred to as ‘the POCSO Act, 2012’) P.S. Bindaki, District-Fatehpur, whereas the accused-appellant - Gore @ Sushil was awarded 3 years R.I. under Section 354 IPC, 5 years R.I. under Section 452 IPC, 3 years RI under Section 506 (2) IPC and 10 years RI under Section 4 of the POCSO Act, 2012, along with fine.

2. The brief facts of this appeal are that on 23.10.2013, the father of victim Ram Sanehi lodged an FIR at Police Station- Bindaki with averments that he resides in Delhi and does private service and he rarely comes at his native house at Fatehpur. At his residence, his wife resides with four daughters, one son and informant's aged mother. Gore son of late Pramod Kumar, who is of the same village often comes to the house of informant with intention he pressurize to make marital relationship wi

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