Rajesh vs State - 2023 Supreme(All) 2331

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2331

KARUNESH SINGH PAWAR
Rajesh – Appellant
Versus
State – Respondent

Advocates appeared:
For the Appellant : Kailash Kumar Singh, Vimal Kishor Singh.
For the Respondent:Govt. Advocate.

Table of Content
1. nature and circumstances of the incident and fir's registration. (Para 2 , 3 , 4 , 5 , 12)
2. issues with the credibility of witness statements leading to doubts. (Para 22 , 23 , 24 , 25 , 26)
3. prosecution's failure to provide reliable evidence substantiates the acquittal. (Para 36 , 37)

JUDGMENT

Karunesh Singh Pawar, J.

Heard Shri Vimal Kishor Singh, learned Counsel for the appellant and Ms. Mamta Pandey and Shri Alok Tiwari, learned A.G.A. for the respondent/State.

2. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellant, Rajesh, challenging the judgment and order dated 16.11.2002 passed by the Additional Sessions Judge/Fast Track Court no.3, Sitapur in Sessions Trial No. 414 of 2001: State of U.P. v. Rajesh, arising out of Case Crime No. 117 of 2000, under Sections 452 /307 INDIAN PENAL CODE , Police Station Ataria, District Sitapur, whereby the appellant was convicted and sentenced as under :-