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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Rajnish Kumar
Vijay Prakash Shukla – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. criminal conviction based on substantial evidence. (Para 2 , 5 , 12) |
| 2. factual basis of abduction and attempts of sexual assault. (Para 3 , 4 , 7 , 8 , 9) |
| 3. facts establishing the basis of the kidnapping and subsequent charges. (Para 6) |
| 4. offences proven under ipc regarding kidnapping and attempted rape. (Para 11 , 14 , 15) |
| 5. legal definitions and interpretations concerning rape and abduction. (Para 16 , 18) |
| 6. legal definitions and principles applicable to the conviction for attempt to commit rape. (Para 19) |
| 7. judicial considerations for delay in reporting sexual offences. (Para 20 , 21 , 22) |
| 8. rejection of appeal and affirmation of trial court's judgment. (Para 28 , 29) |
| 9. final decisions and reasoning supporting the dismissal of the appeal against the conviction. (Para 30) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard Sri Kaushal Mani Tripathi, learned counsel for the appellant and Shri Badrul Hasan, learned Additional Government Advocate (here-in-after referred as AGA).
2. This Criminal Appeal under Section 374(2) of Code of CRIMINAL PROCEDURE CODE (here-in-after referred as CrPC) has been filed assailing the judgment and order dated 28.04.1999 passed in Session trial No.
The conviction for kidnapping and attempted rape was upheld, emphasizing that familial relationships do not negate the gravity of sexual offences against minors.
In rape and kidnapping cases, delays in lodging FIR due to familial considerations are acceptable; the victim's credible testimony can establish the offence of attempted rape even without penetration....
Attempted rape under IPC Sections 376 and 511 established through credible victim testimony, despite lack of penetration.
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
The prosecution failed to prove charges of kidnapping and sexual assault due to inconsistencies in the victim's testimony and a significant delay in reporting the incident, leading to the acquittal o....
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
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