CRIMINAL APPEAL No. 550 of 2011 at Allahabad

Citation No. - 2025:AHC:45865-DB Court No. - 45 Case :- CRIMINAL APPEAL No. - 550 of 2011 Appellant :- Ashok Nai Respondent :- State of U.P. Counsel for Appellant :- Abhay Nitin,Alok Krishan Tripathi,Kamal Kumar Kesarvani,Ramesh Chandra Gupta 2,Shyam Sunder Mishra Counsel for Respondent :- Govt Advocate Hon'ble Saumitra Dayal Singh,J. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Sri Akhilesh Kumar Mishra, learned counsel for the appellant and Ms. Archana Singh, learned AGA for the State. 2. Present criminal appeal arises from the judgment and order dated 30.11.2010 passed by the learned Additional District & Sessions Judge, Court No.3, Fatehpur in Sessions Trial No. 421 of 2009 (State Vs. Ashok Nai), arising out of Case Crime No. 177 of 2009, under Section 376(2)(f) I.P.C., Police Station - Hussainganj, District - Fatehpur. By that order the learned trial court has convicted the appellant and sentenced him to undergo life imprisonment and to pay fine Rs. 10,000/- for the offence under Section 376 I.P.C. and in default of payment of fine to further undergo simple imprisonment of one year. 3. The present prosecution story emerged on the Written Report dated 14.06.2009 submitted by 'R' (P