Bhao Prakash vs State of U. P. - 2022 Supreme(All) 164

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 164

Bhao Prakash – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Krishna Gopal, Prabhat Pandey, Suneel Kumar Tiwari

JUDGMENT :

1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record of this appeal.

2. By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 05.08.2010 passed by Additional Sessions Judge, Court No.5, Bareilly, in Session Trial No.174 of 2008, State Vs. Bhao Prakash, arising out of Case Crime No.964 of 2007, under Section 376 I.P.C., Police Station Nawabganj, District Bareilly whereby the appellant has been sentenced to imprisonment for life coupled with fine Rs.1,00,000/-with default stipulation to suffer additional imprisonment for one year.

3. Facts as incarnated refers to the context that the first information report was lodged by one Veerwati (mother of the victim) and (wife of the accused-appellant), resident of Bahor Nagla, Police Station Nawabganj, District Bareilly against the accused-appellant on 14.09.2007 at 2:25 p.m. regarding the incident of rape having been committed by the accused-appellant who is none other than father of the victim wherein it was described that on 03.08.2007 around 11:00 p.m. up to 12:00 in the midnight, the accused-appellant came to the house in drunken conditi