CRIMINAL APPEAL U/S 413 BNSS No. 542 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL U/S 413 BNSS No. - 542 of 2025 Smt. Gudiya .....Appellant(s) Versus State of U.P. and Another .....Respondent(s) Counsel for Appellant(s) : Manish, Shyam Narayan Counsel for Respondent(s) : G.A. Reserved on 24.09.2025 Delivered on 26.09.2025 Court No. - 42 HON'BLE J.J. MUNIR, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. (Delivered by: Hon'ble Pramod Kumar Srivastava, J.) Heard Sri M.N. Pathak, learned Counsel for the appellant and Mr. Anil Kumar Mishra, learned A.G.A. on behalf of the State. Present criminal appeal has been preferred against the judgement and order dated 13.08.2025 passed by the Additional Sessions Judge/F.T.C. Court No.2, Prayagraj in Sessions Trial No.1404 of 2023, arising out of Complaint Case No.287 of 2019, under Section 376 IPC, Police Station Manda, District Prayagraj. Factual matrix in brief is that on 23.03.2019 at about 06:30 PM. when the appellant/informant was going to defecate herself then respondent- Arun Kumar suddenly came from behind and forcibly caught her and threw her on the ground, opened her saree and committed rape with her. When victim resisted then respondent threatened her for life. On her sc