JAGDISH KUMAR PATEL Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Jagdish Kumar Patel has been found guilty by the Court of Addl. Sessions Judge, Room No.24, Allahabad in S.T.No.383 of 2009 arising out of case crime No.196 of 2007, P.S.Utraon, District Allahabad and sentenced to various terms of imprisonment, maximum being 10 years under section 376(2)(g) IPC. Fine has also been imposed.

(2.) It has been submitted from the side of the appellant that he is innocent and has committed no offence. It has further been submitted that the story as put forward by the prosecutrix regarding her abduction and rape does not inspire confidence, keeping in view the various contradictions appearing in her examination-in-chief and cross-examination. It has also been submitted that co-accused of this case namely Rajendra Prasad Patel and Ram Shlok Patel allegedly committed rape upon her in Lucknow despite they were present with the father and other family members of the prosecutrix when she reached the Bus Station at Allahabad, appears on the face of it absurd and self-contradictory. It has further been submitted that the appellant has been convicted on the basis of the same evidence upon which the co-accused of this case have been acquitted by the learned lower Court.

(3.) The bail prayer has been opposed by the learned AGA.