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2025 Supreme(All) 2219

IN THE HIGH COURT OF ALLAHABAD 
Saumitra Dayal Singh, Sandeep Jain
Sanjay Singh – Appellant
Versus
State of U.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B.N. Rai,Adarsh Kumar
For the Respondent:Govt. Advocate

JUDGMENT :

Per : Hon’ble Sandeep Jain, J.

1. Heard Sri Dharmendr Kumar Singh, learned counsel for the appellant, Shri Virendra Kumar Pal, learned A.G.A for the State and perused the material available on record.

2. This instant criminal appeal has been filed by the convicted appellant- Sanjay Singh against the judgment and order dated 20.12.2002 passed by the Court of Special Judge, (S.C/S.T Act), Kanpur Dehat, in Special Sessions Trial No. 98 of 1998 (State v. Sanjay Singh), Case Crime No. 315 of 1997 under Section 376 I.P.C and 3 (2)(5) S.C/S.T Act, Police Station Mangalpur, District Kanpur Dehat, whereby the appellant has been convicted for offences under Section 376 I.P.C and sentenced to undergo ten years rigorous imprisonment alongwith a fine of Rs. 5,000/- and under Section 3(2)(5) of S.C/S.C Act for live imprisonment alongwith a fine of Rs. 5,000/-. In default, he has been sentenced to undergo further imprisonment of one year under each conviction. All the sentences have been ordered to run concurrently.

3. The factual matrix is that the first informant –‘R’ P.W.-1 had given an application dated 11.12.1997 (Ex.Ka-1) in Police Station Mangalpur, Kanpur Dehat, with the averments,

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