CRIMINAL APPEAL No. 761 of 2004 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 761 of 2004 Smt.Prabha Mishra .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Amitabh Tripathi, Maya Ram Yadav, Onkar Nath Tiwari Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for appellant and learned Additional Government Advocate for opposite party/State. 2. The instant Criminal Appeal under Section 374(2) CrPC has been filed against judgment and order dated 18.03.2004 passed by the Additional Sessions Judge, Raebareli, in Sessions Trial No.377 of 1997, State v. Santosh Tiwari and another, arising out of Case Crime No.30 of 1996 under Sections 363, 366, 376, 506 I.P.C., Police Station Gadaganj, District Raebareli, convicting and sentencing the appellant as under:- (i) under Section 368 I.P.C. to five years rigorous imprisonment and a fine of Rs.3,000/- and in default of payment of fine, three months additional imprisonment 3. As per contents of F.I.R., incident is said to have taken place on 01.05.1996 at about 08.00 p.m. when the minor daughter of complainant aged about 14 years went out of the house for purposes