ALLAHABAD HIGH COURT
, J
Bhure Sita Ram Ahirwar v. State of U. P.
| Table of Content |
|---|
| 1. legal framing of the appeal based on prior convictions. (Para 1 , 8 , 9) |
| 2. delay in lodging fir affecting credibility. (Para 11 , 12 , 14 , 18) |
| 3. victim’s testimony under scrutiny for reliability. (Para 22 , 34 , 36) |
| 4. final verdict based on insufficient evidence. (Para 37 , 38) |
1. Challenge in this appeal is to the judgement and order dated 20.9.2014 passed by Additional Sessions Judge, Court No. 1, Jhansi in S.T. No. 326 of 2012 (State of U.P. Vs. Mahesh and Others) and S.T. No. 79 of 2012 (State Vs. Neetu @ Netram and Others), under S.363, S.366 and S.376 I.P.C., Police Station - Kakarbai, District - Jhansi, arising out of Crime No. 96 of 2011, whereby Bhurey, Mahesh, Neetu @ Netram and Matey were found guilty under S.376(2)(g) I.P.C. and sentenced to ten years rigorous imprisonment coupled with a fine of Rs. 10,000/- each. Further they were sentenced to five years rigorous imprisonment and Rs.5,000/- fine under S.366 I.P.C. with default stipulation.
2. Filtering out unnecessary details, the case of the prosecution is that as per the F.I.R. the accused Neetu @ Netram and Matey enticed away the victim on 9.2.2011 at 10 O'clock from her house. The informant and hi
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