Kanchan Lal Sahu vs State Of U.P Thru. Prin. Secy. Home ...
2023 Latest Caselaw 15774 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- CRIMINAL APPEAL No. - 1612 of 2023
 

 
Appellant :- Kanchan Lal Sahu
 
Respondent :- State Of U.P Thru. Prin. Secy. Home Lko And Another
 
Counsel for Appellant :- Ashok Kumar Singh Tomar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the appellant, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State and perused the material placed on record.

The instant criminal appeal under section 14-A(1) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 has been filed against the Judgment and order dated 01-02-2021, passed by the learned Special Judge, S.C./S.T. Act, District-Lucknow.

Learned counsel appearing for the appellant submits that the appellant is innocent and has falsely been implicated in the instant matter. He next added that the prosecutrix/complainant has lodged the instant first information report under certain misconception though now she is living with the appellant. He next added that the first information report was lodged by the prosecutrix herself, but, there is no single whisper regarding rape committed by the present appellant and the prosecutrix after 70 days of lodging of the first information report, in her statement recorded under section 164 of Cr.P.C., has made allegation of committing rape with her. Thereafter, Section 376 of I.P.C. has been charged against the appellant. He next added that now the appellant and the prosecutrix are major and they are living together and thus, the criminal proceedings against the appellant would be a futile exericse.

On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that there is a statement of the prosecutrix recorded under section 164 of Cr.P.C. for committing rape with her and that cannot be disbelieved unless it is found beyond substance during the course of trial and thus, no interference is warranted.

In view of aforesaid submissions, the appellant namely, Kanchan Lal Sahu as well as the opposite party no. 2 namely, Kalpana Gautam are directed to remain present before this court on 29-05-2023.

List/put up this matter on 29-05-2023.

Learned A.G.A. shall inform the opposite party no. 2 through the Station House Officer concerned with respect to the order passed today.

Learned counsel for the appellant shall also inform the opposite party no. 2 regarding the order passed today.

Order Date :- 19.5.2023

AKS