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2022 Supreme(All) 1051

KRISHAN PAHAL
Ishrat – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.R. Verma, Aarushi Khare

JUDGMENT :

1. Heard Ms. Aarushi Khare, learned Amicus Curiae for the appellant and Sri Vinod Kumar Singh Parmar, learned AGA for the State.

2. Present Criminal Appeal under Section 374(2) of the Cr.P.C. has been preferred by accused-appellant Ishrat against the judgment and order dated 20.10.1992 passed by Sri S.C. Nigam, Seventh Additional District and Sessions Judge, Kanpur Nagar in Sessions Trial No.175 of 1990 (State Vs. Ishrat), Police Station-Chamanganj, District-Kanpur Nagar, whereby accused-appellant was convicted u/s 324 IPC and sentenced to three years rigorous imprisonment. He was also convicted u/s 354 IPC and sentenced to two years rigorous imprisonment. Both sentences were to run separately.

PROSECUTION STORY:

3. Prosecution story, in nutshell, as unfolded from written report dated 29.11.1988 (Ex.Ka-1) is that informant Shaukat Ali (PW-1) filed written report (Ex.Ka-1) transcribed by Mohd. Aslam, mentioning therein that on 29.11.1988 between 01:00 PM to 03:00 PM, his minor daughter aged about 4-5 years had gone to the house of one of the neighbours to play. On the same day at about 03:00 PM, some people of the locality were stated to have brought his minor daughter in a b

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