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2024 Supreme(All) 1013

NALIN KUMAR SRIVASTAVA
Deepak – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Ravi Shankar Prasad

JUDGMENT :

HON'BLE NALIN KUMAR SRIVASTAVA, J.

1. This jail appeal has been preferred on behalf of the appellant Deepak s/o Sompal Singh, who has been convicted under Sections 366, 376 IPC vide judgment and order dated 7.5.2016 passed by Additional District & Sessions Judge, Fast Track Court No.2, Moradabad in Sessions Trial No.509 of 2013 (State Vs. Indrapal s/o Sanjay & Others) arising out of Case Crime No.37 of 2013 under Sections 363, 366, 376 (2g) IPC, Police Station Civil Lines, District Moradabad and sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5000/-under section 366 IPC and in default of payment of fine, three months additional rigorous imprisonment has been awarded and to undergo rigorous imprisonment for seven years and a fine of Rs.5000/-under section 376 IPC and in default of payment of fine, six months additional rigorous imprisonment has been awarded against the appellant. It was further directed that all the sentences shall run concurrently.

2. Prosecution story, as unfolded in the F.I.R., is that the informant Shamli Devi moved a written report before the Senior Superintendent of Police, Moradabad narrating therein that her daughter was en

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