Allahabad High Court
State Of U.P. vs Sadiq Ali & Ors. on 4 August, 2010
Author: Abdul Mateen
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- U/S 378 CR.P.C. No. - 243 of 2010 Petitioner :- State Of U.P. Respondent :- Sadiq Ali & Ors. Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the State.
This application for grant of leave to appeal has been preferred under Section 378 (3) Cr.P.C. against judgment and order dated 07.05.2010 passed by Additional Sessions Judge/Fast Track Court (Ist), Shrawasti whereby accused- opposite parties 2 to 4 have been acquitted of the charges levelled against them under Sections 363 and 366 IPC and accused-opposite party no. 1 Sadique Ali of the charge levelled against him under Section 376 IPC, while convicting him under Sections 363 and 366 IPC.
Argument advanced by the learned counsel for the applicant is that there being specific evidence on record led by the prosecution that the prosecutrix, who has been examined as PW-1, has categorically stated that she was subjected to rape by Sadique Ali while being kidnapped by other accused persons, who regularly accompanied Sadique Ali, thus, their acquittal under Sections 363 and 366 IPC is against the evidence led by the prosecution. It has also been argued that presence of Badhe alias Zabir, Bashir alias Bhujau and Sabir opposite party nos. 2 to 4 at the time of commission of crime by Sadique Ali under Section 376 IPC since they also remained present, as such, they cannot absolve themselves for committing the offence under Section 376 IPC.
There seems to be some substance in the argument advanced by the learned State counsel.
Accordingly, this application is allowed and leave to appeal is granted.
4.8.2010-Rakesh Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Admit.
Connect with Criminal Appeal No. 1787 of 2010.
Summon lower court record.
Let bailable warrants of arrest be issued against the opposite parties through the Chief Judicial Magistrate concerned fixing 30.09.2010 for their attendance before this Court.
List on 30.09.2010.
4.8.2010-Rakesh