Court No. - 51

Case :- GOVERNMENT APPEAL No. - 433 of 2018

Appellant :- State Of U.P.

Respondent :- Mukesh

Counsel for Appellant :- G.A.

Counsel for Respondent :- Vikrant Neeraj

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard learned AGA on the application seeking leave to appeal

against the judgment and order dated 23.11.2017 by means of which all

the accused – respondents have been acquitted for the offence

punishable under sections 376, 511, 392 of IPC and 3(1)X SC/ST Act.

We have perused the impugned judgment. Perusal of the judgment

dated 23.11.2017 shows that the concerned court has recorded

categorical findings after perusing the entire evidence on record.

Keeping in view the contentions as have been raised by the learned AGA

at the bar, we have perused the findings as recorded by the court below in

the order impugned. The record shows that victim is a maried woman and

the allegation as have been made in the F.I.R. cannot be believed even

otherwise the victim herself has been examined as P.W. 3 and the court

below with regard to her statement testimony has observed

hereinasunder:

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