Vivek Kumar vs State of U. P. - 2023 Supreme(All) 2704

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2704

UMESH CHANDRA SHARMA
Vivek Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Krishna Gopal.
For the Opposite Party : G.A., Niklank Kumar Jain.

Table of Content
1. factual background of the case. (Para 4 , 5)
2. arguments regarding the trial court's rejection of evidence. (Para 6 , 19)
3. analysis of electronic evidence and its admissibility. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. conclusion and order to re-evaluate the application. (Para 20 , 21 , 22 , 23)

JUDGMENT

Umesh Chandra Sharma, J.

Heard Sri Krishna Gopal, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

2. The learned counsel for opposite party no. 2 neither appeared nor has the learned A.G.A filed any counter affidavit, hence heard the argument and perused the record.

3. The applicant has filed the present Application under Section 482 Cr.P.C to quash the order dated 02.08.2022 passed by A.S.J / Special Judge (Rape Z POCSO Act), Etah in Special Trial No 552 of 2021 - State v. Vivek Kumar arising out of Case Crime No. 35 of 2020 under Sections 3 63 , 366 I.P.C and 3A POCSO Act, 2012 Act, Police Station Pilua, District Etah.

4. In brief, facts of the case are that opposite party no. 2 lodged an F.I.R which was registered as Case Crime No. 35 of 2020 under Sections 3 63 , 366, 368