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HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Mangey – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. application for recall declared infructuous. (Para 1 , 2) |
| 2. incident of rape described with eyewitnesses. (Para 3 , 4) |
| 3. arguments on delay and afterthought of f.i.r. (Para 12) |
| 4. delay in f.i.r. is not fatal; corroboration exists. (Para 13 , 14) |
| 5. prosecutrix's testimony is reliable and uncontroverted. (Para 15 , 28) |
| 6. appeal is dismissed; conviction upheld. (Para 29 , 30) |
ORDER :
ANISH KUMAR GUPTA, J.
Order on Criminal Misc. Recall Application No.2 of 2026
1. Learned counsel for the appellants submits that the non-bailable warrants have already been executed and both the appellants have already been arrested on 17.01.2026 and have been sent to the jail.
2. In view thereof, the instant recall application having become infructuous is disposed of specifically in the view of the fact that the criminal appeal is being heard on merits.
Order on Criminal Appeal
1. Heard Sri Atul Kumar, learned counsel for the appellants and Sri S.K. Ojha, learned A.G.A. for the State.
2. The instant criminal appeal has been filed by the appellants against the judgment and order dated 01.03.1988 passed by the then Additional District and Sessions Judge, Meerut in Sessions Trial No. 563 of 1986
In rape cases, the credibility of the prosecutrix's testimony is paramount, and delay in filing an F.I.R. may not be fatal under particular circumstances.
The prosecution must prove an accused's guilt beyond reasonable doubt, and significant delays or contradictions in testimonies can undermine a conviction.
The prosecution failed to prove the case beyond reasonable doubt due to unexplained delay in FIR and contradictions in testimonies, leading to the acquittal of the accused.
In cases of sexual assault, delay in lodging FIR is not fatal if explained, especially when considering societal attitudes toward victims.
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
The main legal point established in the judgment is that delay in lodging the FIR, material contradictions in evidence, and enmity between the parties can raise doubts about the prosecution's case, a....
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
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