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Court No. - 66

Case :- CRIMINAL APPEAL No. - 92 of 1986

Appellant :- Kallua

Respondent :- State of U.P.

Counsel for Appellant :- A.B.L. Gaur

Counsel for Respondent :- A.G.A.

Hon'ble Samit Gopal, J.

1. The present Criminal Appeal under Section 374(2) Cr.P.C. has been

preferred by the appellant Kallua against the judgment and order dated

17.12.1985 passed by V Additional Sessions Judge, Etah in Sessions

Trial No.187 of 1984 (State of U.P. Vs. Kallua and another) convicting

and sentencing the appellant under Section 25 (1)(a) of the Arms Act to

one year rigorous imprisonment.

2. The name of the prosecutrix is not being disclosed and mentioned in

the present judgment in the light of directions of the Apex Court in

various judgments and as per Section 228 of the Indian Penal Code.

She is, thus, referred to as ‘X’ in the judgment.

3. The prosecution case as per the application dated 14.04.1983 given

by Bholi to the police of which Krishna Pal Singh is the scribe is that his

daughter Sumira aged about 15 years and his niece who is the victim

'X' aged about 20 years who is married went together to ease

themselves at about 7.30 a.m. After some time his daughter Sumira

came