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KAUSHAL JAYENDRA THAKER, AJAI TYAGI
State of U. P. – Appellant
Versus
Dharmendra – Respondent
JUDGMENT :
AJAI TYAGI, J.
1. This appeal under Section 378 (3) of Criminal Procedure Code (in short 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 17.3.2017, passed by learned Additional Sessions Judge/Fast Track Court, Hapur, in Session Trial No.245 of 2015 arising out of Case Crime No.154 of 2014 under Sections 376, 366, 506 and 120-B of Indian Penal Code (in short 'IPC'), Police Station-Garh Mukteshwar, District-Hapur, whereby the learned trial-court acquitted the accused-respondents.
2. The brief facts of this case are that on 3.3.2014 at about 7:00 pm, Dharmendra s/o Dharmpal, brother-in-law of elder sister-Archana of complainant, sister-in-law Anita, Nand Kumar (nandoi)and Surendri w/o Nand Kumar came to her house. At that time, the complainant was alone in her house. They all said that her elder sister, namely, Archana was seriously ill and admitted in the hospital so they had come to take her to the hospital. Subsequently, they forcibly put her in a car and took her to dance-club at Ganga Nagar. There, they prepared some document
In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power against a judgmen....
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
Point of law: It is by now well settled that Appellate Court hearing appeal filed against judgment and order of acquittal will not overrule or otherwise disturb the Trial Court's acquittal if Appella....
Point of Law : In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising revisional jurisdiction. Even while exercising an appellate power ag....
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power....
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal; it was in fact exercising revisional jurisdiction. Even while exercising an appellate power aga....
Point of Law : The law on the issue is well settled that demand of illegal gratification is sine qua non for constituting an offence under the 1988 Act. Mere recovery of tainted money is not sufficie....
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
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