Narendra @ Kallu vs State of U. P. - 2022 Supreme(All) 1340

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1340

MANOJ MISRA, SYED AFTAB HUSAIN RIZVI
Narendra @ Kallu – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Intekhab Alam Khan, Gunjan Sharma, Pankaj Srivastava, Shyam Kr. Srivastava.

JUDGMENT :

1. This appeal is against the judgment and order of the learned Sessions Judge, Ramabai Nagar dated 16.11.2011 whereby the appellant has been convicted under Sections 302, 376 and 201 I.P.C. and sentenced as follows:

(i) imprisonment for life as well as fine of Rs. 20,000/- under Section 302 I.P.C.

(ii) imprisonment for life as well as fine of Rs. 20,000/- under Section 376 I.P.C.

(iii) seven years RI as well as fine of Rs. 5,000/- under Section 201 I.P.C. All sentences to run concurrently.

2. Considering the nature of the offence, we deem it appropriate to mask the identity of the victim and her family therefore, wherever required they have been assigned a pseudonym or are described by their witness number.

INTRODUCTORY FACTS

3. On 10.03.2010 at 7.20 a.m. a written report (Ex. Ka-1), scribed by VKR (not examined), signed by PW-1, the father of the victim, was submitted at police station Shivrajpur, district Kanpur Nagar giving rise to Case Crime No. 84 of 2010 in respect of which, chik FIR (Ex. Ka-3) and GD entry (Ex. Ka-4) was made by PW-5. In the written report it was alleged that at 7.30 p.m. on 09.03.2010 the victim, who is aged seven years, was noticed by RK (not examined