Single judge dismissed Criminal Revision No. 33 of 2009 filed by Smt. Shabanam seeking to set aside acquittal of opposite party nos. 2 and 3 in a criminal matter involving attempt to commit offence under Section 376 IPC and Section 125 Cr.P.C., holding revision had no merit.
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Court No. - 45
Case :- CRIMINAL REVISION No. - 33 of 2009
Revisionist :- Smt. Shabanam Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- S.D. Dubey,Neeraj Dubey Counsel for Opposite Party :- Govt. Advocate,Nishant Mehrotra,R.Mehrotra
Hon'ble Siddharth,J.
This revision has been filed praying for setting aside the judgment and order of acquittal dated 31.10.2008 passed in favour of opposite party nos. 2 and 3.
A perusal of the judgment of the court below shows that the accused, Arif, opposite party no. 2, had married the victim and thereafter matrimonial dispute has arisen between them and case under Section 125 Cr.P.C. has been filed against Arif by the victim.
The allegation against Shamsuddin, was only of attempt to commit offence under Section 376 I.P.C. The contradictions in the statements of victim have been noted by the court below. After considering the entire material on record the court below has come to the conclusion that the prosecutions has failed to make out any case against the opposite party nos. 2 and 3.
This revision has no merit and is hereby dismissed.
Order Date :- 6.8.2018 Rohit
Smt. Shabanam
State Of U.P.
Siddharth
As recorded by the court registry
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