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2021 Supreme(All) 458

AJAI TYAGI
Rahul Rajbhar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shiv Dayal Tiwari, Deepak Kumar Srivastava, Ganesh Shanker Srivastava, Sabhapati Tiwar, Santosh Kumar Pandey, Saurabh Tripathi.

JUDGMENT :

AJAI TYAGI, J.

1. Heard learned counsel for the appellant and learned A.G.A. for the respondent.

2. This criminal appeal has been preferred against the impugned judgment and order dated 28.8.2015 passed by Additional Sessions Judge, Court No. 5 Basti in S.T. No. 63 of 2014 (State Vs. Rahul Rajbhar) arising out of Case Crime No. 511 of 2013, under Sections 326-A I.P.C. Police Station Munderwa, District Basti convicting and sentencing the appellant for ten years rigorous imprisonment and Rs. 20,000/- as fine under Section 326-A I.P.C. and further six months imprisonment in case of default of fine.

3. Relevant facts of this case are that on 10.05.2013 complainant Kanhaiya Lal son of Shivdas lodged an FIR in Police Station Munderwa, District Basti with the averments that on 10.05.2013 at about 4:30 AM his daughter Km. Pooja aged about 16 years was going to ease herself out with her mother Belmati and sister Km. Rinki; when she reached on the road in front of the village, accused Rahul Rajbhar who was sitting on the road, poured acid from a box upon his daughter Pooja, as a result of which, she sustained serious injuries on her face and other parts of the body. On account of rais

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