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2024 Supreme(All) 599

JYOTSNA SHARMA
Shamsher Ali – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Suresh Chandra Mishra,Mohd Akhtar,Ramesh Kumar Panday,Sufiya Bano
For the Respondent:Govt. Advocate

JUDGMENT :

Jyotsna Sharma, J.

1. Heard Sri Rajiv Upadhyaya, Advocate holding brief of Ms. Sufiya Bano, learned counsel for the appellant and Sri L.D.Rajbhar, learned A.G.A. for the State.

2. This criminal appeal has been preferred by the appellant challenging the judgment and order dated 10.01.2014, passed by Addl. District and Sessions Judge, Bhadohi in S.T. No. 20 of 2011 (State Vs. Shamsher Ali) arising out of Case Crime No. 325 of 2010 under section 363, 366, 376 I.P.C. P.S. Gopiganj, District- Sant Ravi Das Nagar, Bhadohi, where appellant got convicted under sections 363, 366 and 376 I.P.C. and sentenced for seven years rigorous imprisonment each under sections 363 and 366 I.P.C. and for 10 years rigorous imprisonment under section 376 I.P.C.

3. The submission in brief of the appellant is that he has been awarded a substantive sentence of 7 years for an offence under section 363 I.P.C. and another substantive sentence of 7 years for an offence under section 366 I.P.C. and further substantive sentence of 10 years for the offence under section 376 I.P.C. The trial court did not specify whether such sentences shall run concurrently or consecutively. Resultantly, he is facing prospect

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