Rajesh Kumar vs State Of U.P.
2022 Latest Caselaw 10007 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 478 of 2008
 
Revisionist :- Rajesh Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- S. Rahman,Azad Kumar,Khalid Aslam Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Application No.83685 of 2008

1. This application seeks condonation of delay of 3 days in filing the revision.

2. Reasons shown in affidavit filed in support of the application seem to be germane.

3. Allowed. Accordingly, the delay is hereby condoned.

Memo

1. Revision called out. None appears on behalf of the revisionist to argue.

2. This criminal revision, under Section 397/401 CrPC has been filed against the judgment and order dated 10.04.2008 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Unnao in Special Sessions Trial No.156 of 2003, arising out of Crime No.0104 of 2003, under Sections 302, 352 and 504 IPC read with Sections 3(2)(5) SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao.

3. The learned trial Court had considered the evidence and come to the conclusion that the prosecution had failed to bring on record cogent and credible evidence to prove guilt of the accused-respondents for the offences for which charge was framed. The deceased was a hardcore criminal facing cases for heinous offences, including the offence of murder and rape etc. The learned trial Court did not believe the testimony of son of the deceased, who was allegedly accompanying the deceased. This Court does not find any error of law or jurisdiction being committed by the learned trial Court, rather find that the learned trial Court, after appreciating the evidence property, has acquitted the accused-respondents under Sections 302, 352 and 504 IPC read with Sections 3(2)(5) of the SC/ST Act.

4. In view thereof, this revision having no merit and substance is hereby dismissed.

Order Date :- 11.8.2022 MVS/-