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K. J. THAKER, AJAI TYAGI
Aftaf @ Nafees @ Pappu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Rakesh Dubey, learned counsel for the accused-appellant and Sri Vikas Goswami, learned A.G.A. for the State.
2. Non-following of the decision of Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022 and non-considering the case of accused for remission seems to be the natural administrative conduct of the officers and the jail authority. We once again pained to show our anguish.
3. This appeal was listed in the year 2004. Unfortunately, as the order sheet shows, the matter was listed only after few years and the delay came to be condoned in the year 2008. From 2008 till 2022, the matter was never listed for hearing as is clear from the order sheet and it was only after the listing application was filed that the matter was listed. The lower Court's records were there in the year 2004 but the office has not prepared the paper book. As the matter is pending since long and the accused-appellant is in jail for more than 21 years with remission, we dispense with the paper book. We have requested learned counsels to go
The central legal point established in the judgment is the requirement for sufficient evidence to prove the commission of offenses under Section 3 (2) (v) of SC/ST Act and Section 376 of IPC, highlig....
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
Medical evidence should show some semblance of forcible intercourse, even if we go as per the version of the prosecutrix that the accused had gagged her mouth for ten minutes and had thrashed her on ....
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
The court established that in cases of rape, the victim's consistent testimony can suffice for conviction, and that the prosecution must prove caste-based motivation for charges under the SC/ST Act, ....
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