IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ABDUL MOIN, PRAMOD KUMAR SRIVASTAVA
Ram Saran Tripathi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PRAMOD KUMAR SRIVASTAVA, J.
1. Heard Sri Shamshad Ahmad Khan, learned counsel for the appellant and learned Additional Government Advocate for the State as well as perused the record.
2. The present appeal under Section 372 of Criminal Procedure Code, 1973 (herein-after referred to as “Cr.P.C.”)/413 of Bhartiya Nagarik Suraksha Sanhita, 2023 (herein-after referred to as BNSS, 2023) has been filed against the judgment and order dated 17.03.2026 passed by the court of Additional Session Judge, F.T.C. Court-I, Lucknow, in Sessions Trial No. 1184 of 2022, State of U.P. Vs. Aryan Mishra, arising out of Case Crime No. 241 of 2022, under Sections 376, 506 IPC, Police Station Madiyaon, District Lucknow, thereby acquitting the opposite party No.2 from the charges under Sections 376, 506 of IPC.
3. The factual matrix of the case is that the complainant’s daughter was befriended by a fellow student, namely, Aryan Mishra, who committed rape on her on several occasions under the false pretext of marriage. In September 2018, the accused invited the victim on the birthday party at a rented house of Aryan’s friend, namely, Saurabh, where Aryan Mishra forcibly established physical relations
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The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
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