Dismissed

Duddu @ Shyam Lal v. State of U.P.

Allahabad HC5 Jul 2019CRLR/1317/1989

Case brief

AI extract

What is this about?

The High Court dismissed the criminal revision filed by Duddu @ Shyam Lal challenging his conviction under Section 354 IPC. Upholding concurrent findings of fact by courts below based on victim's statement, the Court vacated an interim order and directed his arrest and cancellation of bail to serve the six-month sentence.

What did the court decide?

Criminal revision dismissed; interim order vacated; bail bonds cancelled; accused directed to be arrested to serve sentence.

Duddu @ Shyam Lal Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 34

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Case :- CRIMINAL REVISION No. - 1317 of 1989

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Revisionist :- Duddu @ Shyam Lal Opposite Party :- State Of U.P. Counsel for Revisionist :- A.P. Singh,Prem Singh Counsel for Opposite Party :- A.G.A.

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Hon'ble Sudhir Agarwal,J.

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Heard Sri S.D.S. Jadaun, Advocate holding brief of Sri Prem Singh, Advocate for revisionist and learned A.G.A. for State.

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This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 16.06.1989 and 02.09.1989. The Munsif Magistrate, Karvi vide order dated 16.06.1989 passed in Case No. 87 of 1987 has convicted revisionist under Section 354 IPC and sentenced him to undergo one year rigorous imprisonment. Thereagainst, revisionist preferred Criminal Appeal No. 15 of 1989 and Appellate Court while dismissing appeal, confirmed order of conviction but reduced the sentence from one year to six months rigorous imprisonment. Being aggrieved the revisionist preferred present revision.

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Both the Courts below have recorded finding of fact after recording statement of victim that she was misbehaved by revisionist. I have also perused the record of Courts below as also the statement of PW-2. In her examination-in-chief she has said as under:

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"Jab Main Tatti Karke Laut Rahi Thi To Daddu Kurmi Mujhse Laptiya Gaya Aur Chhati Me Hath Lagaya Mujhe Beijjat Karne Ki Niyat Se."

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Learned counsel for revisionist sought to argue that victim has not supported prosecution version but the submission is contrary to record. Both the Courts below have recorded concurrent findings of fact holding revisionist guilty for the offence and have sentenced accordingly. Despite repeated query, learned counsel for the revisionists could not point out any manifest illegality in the concurrent findings of fact and also could not show that any relevant evidence has been ignored or omitted or inadmissible evidence has been relied or there is any other manifest error in the judgment.

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Dismissed. Interim order, if any, stands vacated.

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The accused, Daddu alias Shyam Narain, is on bail. His bail bonds and surety bonds are cancelled. The Chief Judicial Magistrate concerned shall cause him to be arrested and lodged in jail to serve out the sentence passed against him. The compliance shall be prepared within two months.

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Certify this judgment to the lower Court immediately.

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Order Date :- 5.7.2019 AK

Duddu @ Shyam Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Duddu @ Shyam Lal v. State of U.P.

Case brief

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