Manoj Gupta Alias Mayur vs State Of U.P Through Secretary ...
2023 Latest Caselaw 2368 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 4624 of 2022
 

 
Applicant :- Manoj Gupta Alias Mayur
 
Opposite Party :- State Of U.P Through Secretary Home And Another
 
Counsel for Applicant :- Akhtar Ali,Roma Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the appellant and Sri Ratnendu Kumar Singh, learned A.G.A. for the State.

The present appeal has been filed against the impugned judgment and order dated 05.05.2022 passed by Additional Sessions Judge, F.T.C. (Offence Against Women), Jaunpur in Session Trial No. 259 of 2011, arising out of Case Crime No. 203 of 2011, P.S. Kerakat, District Jaunpur, thereby convicting and sentencing the appellant under Section 354 I.P.C. for two years' rigorous imprisonment.

The prosecution case in brief is that when the prosecutrix, a minor, on 13.04.2011 at around 11 a.m. had gone to fetch water from pumping set, the accused appellant took her in a room and molested and tried to rape her. On the basis of this allegation, an F.I.R. came to be registered under Section 354 I.P.C. During the course of investigation offence under Section 376 I.P.C. was found to have been committed by the accused-appellant and therefore the charge sheet was filed under Sections 354 read with Section 376 I.P.C.

The trial court after analyzing the evidence on record did not find the offence under Section 376 I.P.C. proved against the accused appellant beyond reasonable doubt and, therefore, he was acquitted of offence under Section 376 I.P.C. However, the offence under Section 354 I.P.C was proved against him and he was convicted and sentenced for the said offence as mentioned above.

Learned counsel for the accused-appellant submits that the accused-appellant is not challenging the order of conviction but considering the fact that the accused appellant has already undergone seventeen months imprisonment out of the maximum sentence of two years awarded to him by the learned trial court vide judgment and order dated 05.05.2022, the appeal may be dismissed so far conviction of the appellant is concerned and the sentence may be reduced to the period already undergone.

Learned A.G.A. has no serious objection to the said prayer of the learned counsel for the accused appellant.

Considering the aforesaid facts and circumstances as well as the submissions of the learned counsel for the accused appellant and the stand of the State, present appeal so far the conviction is concerned, is dismissed. However, the sentence is reduced to the period already undergone by the accused-appellant.

The accused-appellant is on ail. His bail bonds are cancelled and sureties are discharged. He need not surrender unless wanted in any other case.

Subject to the abovenoted terms, the present appeal is partly allowed.

Order Date :- 23.1.2023

Arun K. Singh