CRIMINAL APPEAL No. 407 of 2019 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 407 of 2019 Nirmal Kumar …..Appellant(s) Versus State of U.P. …..Respondents(s) Counsel for Appellant(s) : Rama Niwas Pathak, Sudhir Kumar Pandey, Syed Raza Mehdi Counsel for Respondent(s) : Govt. Advocate Judgment Reserved on : February 05th, 2026 Judgment Delivered on : April 03rd , 2026 Court No. - 1 HON’BLE RAJAN ROY, J. HON’BLE BRIJ RAJ SINGH, J. (Per : Rajan Roy, J.) 1. Heard Shri Rama Niwas Pathak, learned Counsel for the appellant and Shri Vimal Kumar Srivastava, learned Additional Advocate General alongwith Shri Raj Deep Singh, learned A.G.A-I for the State. 2. This is an appeal under Section 374 (II) of the Cr.P.C. against the judgment and order dated 05.10.2018 passed by Additional Sessions Judge/ Fast Track Court-I, Faizabad in Sessions Trial 2 Criminal Appeal No. - 407 of 2019 No.46 of 2011; State vs. Nirmal Kumar arising out of Case Crime No.768 of 2010 convicting the appellant Nirmal Kumar for the offence under Section 376 IPC and sentencing him to undergo rigorous life imprisonment along with a fine of Rs.50,000/-, and in default of payment of fine, to undergo one year additional imprisonment. 3. Th