Anil Kasyhap vs State Of U.P.
2018 Latest Caselaw 2474 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CAPITAL CASES No. - 199 of 2018
 

 
Appellant :- Anil Kasyhap
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- From Jail,Sagir Ahmad Amicus Curie
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Bachchoo Lal,J.

Heard Sri Sagir Ahmad learned amicus curiae for the appellant and learned AGA for the State.

Sri Sagir Ahmad on behalf of the appellant has invited the attention of the Court to two decisions of the Gujarat High Court, namely, that of Premjibhai Bachubhai Khasiya Vs. State of Gujarat and Another in Criminal Appeal No. 36 of 2008 decided on 16.01.2009 and followed in another Division Bench judgment of the same Court in the case of State of Gujarat Vs. Jayantibhai Somabhai Khant in Criminal Appeal No. 224 and 863 of 2012 decided on 30th April, 2015. With the aid of the aforesaid judgments learned counsel has also invited the attention of the Court to the other judgments cited and it has been urged that supporting DNA test without any further corroboration cannot be said to be a substantive piece of evidence to support and sustain the conviction by the trial court. For this further reliance has been placed on the case of Krishan Kumar Malik Vs. State of Haryana in Criminal SLP No. 8021 of 2009 decided on 4th July, 2011 and the case of Kamalanantha & Others Vs. State of Tamil Nadu reported in 2005 (5) SCC 194. On the issue of sentence learned counsel has also invited the attention of the Court to the judgment of the Supreme Court in the case of Sunil Vs. State of Madhya Pradesh in Criminal Appeal No. 39-40 of 2014 decided on 08.04.2016.

Learned AGA submits that he may be permitted to study the said judgments and then assist the Court.

List this case in the next cause list.

The report from the Jail Superintendent Baghpat be obtained by another reminder as directed earlier.

Order Date :- 11.9.2018

S.Chaurasia