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2021 Supreme(All) 1204

SURESH KUMAR GUPTA
Manishankar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shiv Shankar Mishra, Anil Kumar Awasthi

JUDGMENT :

1. Heard learned counsel for appellant, learned A.G.A. for the State and perused the lower court record.

2. This appeal has been preferred on behalf of appellant Manishankar challenging the impugned judgment and order dated 09.12.2020 passed by learned Special Judge (Protection of Children From Sexual Offences Act, 2012)/Additional District & Sessions Judge Lucknow. By the said judgment, the appellant has been convicted and sentenced three years’ rigorous imprisonment and fine of Rs.1,000/- with default stipulation for offence punishable under Section 363 IPC and five years’ rigorous imprisonment and fine of Rs. 2,000/- with default stipulation by the court of learned Special Judge (Protection of Children From Sexual Offences Act, 2012)/Additional District & Sessions Judge Lucknow in Sessions Trial No. 593 of 2015 (State Vs. Manishankar) arising out of Case Crime No. 142 of 2015, Police Station Kakori, District Lucknow. Both the sentences were directed to run concurrently.

3. Brief facts of this case emerges as under:-

The first information report was lodged by father of the victim on 31.03.2015 with the allegation that the accused appellant enticed away his minor girl aged

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